[House Report 116-398]
[From the U.S. Government Publishing Office]
116th Congress } { Rept. 116-398
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
RIGHTS FOR TRANSPORTATION SECURITY OFFICERS ACT OF 2020
_______
February 21, 2020
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 1140]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 1140) to enhance the security operations of the
Transportation Security Administration and stability of the
transportation security workforce by applying the personnel
system under title 5, United States Code, to employees of the
Transportation Security Administration who provide screening of
all passengers and property, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 4
Hearings......................................................... 5
Committee Consideration.......................................... 5
Committee Votes.................................................. 8
Committee Oversight Findings..................................... 9
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 9
Federal Mandates Statement....................................... 9
Duplicative Federal Programs..................................... 9
Statement of General Performance Goals and Objectives............ 9
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits.......................................................
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Section-by-Section Analysis of the Legislation................... 10
Committee Correspondence......................................... 12
Minority Views................................................... 14
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rights for Transportation Security
Officers Act of 2020''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``adjusted basic pay'' means--
(A) the rate of pay fixed by law or administrative
action for the position held by a covered employee
before any deductions; and
(B) any regular, fixed supplemental payment for non-
overtime hours of work creditable as basic pay for
retirement purposes, including any applicable locality
payment and any special rate supplement;
(2) the term ``Administrator'' means the Administrator of the
Transportation Security Administration;
(3) the term ``covered employee'' means an employee who holds
a covered position;
(4) the term ``covered position'' means a position within the
Transportation Security Administration;
(5) the term ``conversion date'' means the date as of which
paragraphs (1) through (4) of section 3(c) take effect;
(6) the term ``2019 Determination'' means the publication,
entitled ``Determination on Transportation Security Officers
and Collective Bargaining'', issued on July 13, 2019, by
Administrator David P. Pekoske;
(7) the term ``employee'' has the meaning given such term by
section 2105 of title 5, United States Code;
(8) the term ``Secretary'' means the Secretary of Homeland
Security; and
(9) the term ``TSA personnel management system'' means any
personnel management system established or modified under--
(A) section 111(d) of the Aviation and Transportation
Security Act (49 U.S.C. 44935 note); or
(B) section 114(n) of title 49, United States Code.
SEC. 3. CONVERSION OF TSA PERSONNEL.
(a) Restrictions on Certain Personnel Authorities.--Notwithstanding
any other provision of law, effective as of the date of the enactment
of this Act--
(1) any TSA personnel management system in use for covered
employees and covered positions on the day before such date of
enactment, and any TSA personnel management policy, letters,
guideline, or directive in effect on such day may not be
modified;
(2) no TSA personnel management policy, letter, guideline, or
directive that was not established before such date issued
pursuant to section 111(d) of the Aviation and Transportation
Security Act (49 U.S.C. 44935 note) or section 114(n) of title
49, United States Code, may be established; and
(3) any authority to establish or adjust a human resources
management system under chapter 97 of title 5, United States
Code, shall terminate with respect to covered employees and
covered positions.
(b) Personnel Authorities During Transition Period.--Any TSA
personnel management system in use for covered employees and covered
positions on the day before the date of enactment of this Act and any
TSA personnel management policy, letter, guideline, or directive in
effect on the day before the date of enactment of this Act shall remain
in effect until the effective date under subsection (c).
(c) Transition to General Personnel Management System Applicable to
Civil Service Employees.--Effective as of the date determined by the
Secretary, but in no event later than 180 days after the date of the
enactment of this Act--
(1) each provision of law cited in section 2(9) is repealed;
(2) any TSA personnel management policy, letter, guideline,
and directive, including the 2019 Determination, shall cease to
be effective;
(3) any human resources management system established or
adjusted under chapter 97 of title 5, United States Code, with
respect to covered employees or covered positions shall cease
to be effective; and
(4) covered employees and covered positions shall be subject
to the provisions of title 5, United States Code.
(d) Safeguards on Grievances.--In carrying out this Act, the
Secretary shall take such actions as are necessary to provide an
opportunity to each covered employee with a grievance or disciplinary
action (including an adverse action) pending within TSA on the date of
enactment of this Act or at any time during the transition period
described in subsection (c) to have such grievance removed to
proceedings pursuant to title 5, United States Code, or continued
within TSA.
SEC. 4. TRANSITION RULES.
(a) Nonreduction in Pay and Compensation.--Under pay conversion rules
as the Secretary may prescribe to carry out this Act, a covered
employee converted from a TSA personnel management system to the
provisions of title 5, United States Code, pursuant to section 2(c)(4)
shall not be subject to any reduction in the rate of adjusted basic pay
payable, or total compensation provided, to such covered employee.
(b) Preservation of Other Rights.--In the case of each covered
employee as of the conversion date, the Secretary shall take any
actions necessary to ensure that--
(1) any annual leave, sick leave, or other paid leave
accrued, accumulated, or otherwise available to a covered
employee immediately before the conversion date shall remain
available to the employee until used; and
(2) the Government share of any premiums or other periodic
charges under chapter 89 of title 5, United States Code,
governing group health insurance shall remain at least the same
as was the case immediately before the conversion date.
SEC. 5. CONSULTATION REQUIREMENT.
(a) Exclusive Representative.--The labor organization certified by
the Federal Labor Relations Authority on June 29, 2011, or successor
labor organization shall be treated as the exclusive representative of
full- and part-time non-supervisory TSA personnel carrying out
screening functions under section 44901 of title 49, United States
Code, and shall be the exclusive representative for such personnel
under chapter 71 of title 5, United States Code, with full rights under
such chapter. Any collective bargaining agreement covering such
personnel on the date of enactment of this Act shall remain in effect,
consistent with subsection (d).
(b) Consultation Rights.--Not later than 7 days after the date of the
enactment of this Act, the Secretary shall consult with the exclusive
representative for the personnel described in subsection (a) under
chapter 71 of title 5, United States Code, on the formulation of plans
and deadlines to carry out the conversion of covered employees and
covered positions under this Act. Prior to the conversion date, the
Secretary shall provide (in writing) to such exclusive representative
the plans for how the Secretary intends to carry out the conversion of
covered employees and covered positions under this Act, including with
respect to such matters as--
(1) the anticipated conversion date; and
(2) measures to ensure compliance with sections 3 and 4.
(c) Required Agency Response.--If any views or recommendations are
presented under subsection (b) by the exclusive representative, the
Secretary shall consider the views or recommendations before taking
final action on any matter with respect to which the views or
recommendations are presented and provide the exclusive representative
a written statement of the reasons for the final actions to be taken.
(d) Sunset Provision.--The provisions of this section shall cease to
be effective as of the conversion date.
SEC. 6. NO RIGHT TO STRIKE.
Nothing in this Act shall be considered--
(1) to repeal or otherwise affect--
(A) section 1918 of title 18, United States Code
(relating to disloyalty and asserting the right to
strike against the Government); or
(B) section 7311 of title 5, United States Code
(relating to loyalty and striking); or
(2) to otherwise authorize any activity which is not
permitted under either provision of law cited in paragraph (1).
PURPOSE AND SUMMARY
The Transportation Security Administration (TSA) workforce
is among the lowest paid in the Federal government and lacks
basic workplace protections afforded to most other government
workers. As a result, TSA struggles with low morale and high
attrition. H.R. 1140, the ``Rights for Transportation Security
Officers Act of 2020,'' seeks to provide TSA employees with the
rights, protections, and benefits afforded to most other
Federal workers in order to improve agency operations,
workforce retention, and morale. The bill would require the
Secretary of Homeland Security (DHS Secretary), within 180 days
of enactment of this Act, to convert its workforce from its
current personnel system to the personnel system under Title 5
of the United States Code. In carrying out the conversion to
the Title 5 Federal pay scale, the DHS Secretary would be
required to ensure that no employ receives a reduction in pay.
Under H.R. 1140, the DHS Secretary would be required to consult
with the labor organization that serves as the exclusive
representative of TSA security screening personnel within 7
days of enactment of this Act on the formulation of plans to
carry out the conversion.
BACKGROUND AND NEED FOR LEGISLATION
After the September 11, 2001 terrorist attacks, Congress
established TSA with the mission of securing the Nation's
transportation systems against further attacks (See the
Aviation and Transportation Security Act, Pub.L. 107-71). When
creating this new agency, Congress granted TSA broad authority
to create and manage its own personnel system separate from
that of other executive branch agencies and the rest of the
Department of Homeland Security.
Since 2001, TSA has used this authority to mostly benefit
senior management, not the frontline workforce. Senior
managers, for example, have been permitted to award each other
with large bonuses that would be prohibited under the Title 5
personnel system. Meanwhile, TSA faces chronic, major
challenges in training, hiring, and retaining frontline
workers. Year after year, TSA ranks near the bottom in Federal
employee morale surveys, especially regarding pay satisfaction.
In March 2019, the Department of Homeland Security (DHS) Office
of the Inspector General (OIG) published a report highlighting
major problems TSA faces in recruiting, training, and retaining
workers. The report found that, over a two-year span in Fiscal
Years 2016 and 2017, approximately one in three Transportation
Security Officers (TSOs) left the agency. In Fiscal Year 2017
alone, TSA spent approximately $16 million to hire and train
nearly 2,000 TSOs who left within six months of being hired.
Several factors contribute to TSA's morale and attrition
problems. TSOs are among the lowest paid employees in the
Federal government and receive minimal, infrequent pay
increases. TSOs' job responsibilities have grown increasingly
demanding, requiring extensive training on advanced security
technologies and long hours in crowded, stressful environments.
In addition, TSA employees are not granted many of the basic
workplace protections afforded most other Federal workers under
the Title 5 personnel system. For example, TSA employees have
limited options for filing workplace grievances and cannot
appeal disciplinary actions to an outside third-party such as
the Merit Systems Protection Board. Further, TSOs are limited
in their ability to negotiate protections because it is not one
of the limited issue areas for which TSA permits collective
bargaining.
The ``Rights for Transportation Security Officers Act of
2020'' seeks to ensure that all TSA employees have access to
the fair and transparent personnel system established under
Title 5 of the U.S. Code. Under that Federal personnel system,
TSOs and other employees would receive higher salaries as well
as regular salary increases in future years. Employees would
also receive access to MSPB processes and collective bargaining
rights as are available to most other Federal workers.
HEARINGS
For the purposes of section 103(i) of H. Res 6. of the
116th Congress, the following hearings were used to develop
H.R. 1140:
On April 9, 2019, the Committee held a
hearing entitled, ``Securing America's Transportation
and Maritime Systems: A Review of the Fiscal Year 2020
Budget Requests for the Transportation Security
Administration and the U.S. Coast Guard.'' The
Committee received testimony from Hon. David P.
Pekoske, Administrator, TSA, and Admiral Karl L.
Schultz, Commandant, U.S. Coast Guard.
On May 21, 2019, the Committee held a
hearing entitled, ``The TSA Workforce Crisis: A
Homeland Security Risk.'' The Committee received
testimony from Mr. John Kelly, Acting Inspector
General, DHS; Mr. David Cox, National President,
American Federal of Government Employees, AFL-CIO; Mr.
Lance Lyttle, Managing Director, Aviation Division,
Port of Seattle; and Mr. Jeffrey Neal, Senior Vice
President, ICF.
On October 29, 2019, the Committee held a
hearing entitled, ``One Year Later: Implementation of
the TSA Modernization Act.'' The Committee received
testimony from Ms. Patricia F.S. Cogswell, Acting
Deputy Administrator, TSA, and Mr. William Russell,
Director, Homeland Security & Justice, Government
Accountability Office.
COMMITTEE CONSIDERATION
The Committee met on January 29, 2020, with a quorum being
present to consider H.R. 1140 and ordered the measure to be
reported to the House with a favorable recommendation, as
amended.
The following amendment was offered and agreed to:
An amendment in the nature of a substitute offered by Mr.
Thompson.
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rights for Transportation
Security Officers Act of 2020''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``adjusted basic pay'' means--
(A) the rate of pay fixed by law or
administrative action for the position held by
a covered employee before any deductions; and
(B) any regular, fixed supplemental payment
for non-overtime hours of work creditable as
basic pay for retirement purposes, including
any applicable locality payment and any special
rate supplement;
(2) the term ``Administrator'' means the
Administrator of the Transportation Security
Administration;
(3) the term ``covered employee'' means an employee
who holds a covered position;
(4) the term ``covered position'' means a position
within the Transportation Security Administration;
(5) the term ``conversion date'' means the date as of
which paragraphs (1) through (4) of section 3(c) take
effect;
(6) the term ``2019 Determination'' means the
publication, entitled ``Determination on Transportation
Security Officers and Collective Bargaining'', issued
on July 13, 2019, by Administrator David P. Pekoske;
(7) the term ``employee'' has the meaning given such
term by section 2105 of title 5, United States Code;
(8) the term ``Secretary'' means the Secretary of
Homeland Security; and
(9) the term ``TSA personnel management system''
means any personnel management system established or
modified under--
(A) section 111(d) of the Aviation and
Transportation Security Act (49 U.S.C. 44935
note); or
(B) section 114(n) of title 49, United States
Code.
SEC. 3. CONVERSION OF TSA PERSONNEL.
(a) Restrictions on Certain Personnel Authorities.--
Notwithstanding any other provision of law, effective as of the
date of the enactment of this Act--
(1) any TSA personnel management system in use for
covered employees and covered positions on the day
before such date of enactment, and any TSA personnel
management policy, letters, guideline, or directive in
effect on such day may not be modified;
(2) no TSA personnel management policy, letter,
guideline, or directive that was not established before
such date issued pursuant to section 111(d) of the
Aviation and Transportation Security Act (49 U.S.C.
44935 note) or section 114(n) of title 49, United
States Code, may be established; and
(3) any authority to establish or adjust a human
resources management system under chapter 97 of title
5, United States Code, shall terminate with respect to
covered employees and covered positions.
(b) Personnel Authorities During Transition Period.--Any
TSA personnel management system in use for covered employees
and covered positions on the day before the date of enactment
of this Act and any TSA personnel management policy, letter,
guideline, or directive in effect on the day before the date of
enactment of this Act shall remain in effect until the
effective date under subsection (c).
(c) Transition to General Personnel Management System
Applicable to Civil Service Employees.--Effective as of the
date determined by the Secretary, but in no event later than
180 days after the date of the enactment of this Act--
(1) each provision of law cited in section 2(9) is
repealed;
(2) any TSA personnel management policy, letter,
guideline, and directive, including the 2019
Determination, shall cease to be effective;
(3) any human resources management system established
or adjusted under chapter 97 of title 5, United States
Code, with respect to covered employees or covered
positions shall cease to be effective; and
(4) covered employees and covered positions shall be
subject to the provisions of title 5, United States
Code.
(d) Safeguards on Grievances.--In carrying out this Act,
the Secretary shall take such actions as are necessary to
provide an opportunity to each covered employee with a
grievance or disciplinary action (including an adverse action)
pending within TSA on the date of enactment of this Act or at
any time during the transition period described in subsection
(c) to have such grievance removed to proceedings pursuant to
title 5, United States Code, or continued within TSA.
SEC. 4. TRANSITION RULES.
(a) Nonreduction in Pay and Compensation.--Under pay
conversion rules as the Secretary may prescribe to carry out
this Act, a covered employee converted from a TSA personnel
management system to the provisions of title 5, United States
Code, pursuant to section 2(c)(4) shall not be subject to any
reduction in the rate of adjusted basic pay payable, or total
compensation provided, to such covered employee.
(b) Preservation of Other Rights.--In the case of each
covered employee as of the conversion date, the Secretary shall
take any actions necessary to ensure that--
(1) any annual leave, sick leave, or other paid leave
accrued, accumulated, or otherwise available to a
covered employee immediately before the conversion date
shall remain available to the employee until used; and
(2) the Government share of any premiums or other
periodic charges under chapter 89 of title 5, United
States Code, governing group health insurance shall
remain at least the same as was the case immediately
before the conversion date.
SEC. 5. CONSULTATION REQUIREMENT.
(a) Exclusive Representative.--The labor organization
certified by the Federal Labor Relations Authority on June 29,
2011, or successor labor organization shall be treated as the
exclusive representative of full- and part time non-supervisory
TSA personnel carrying out screening functions under section
44901 of title 49, United States Code, and shall be the
exclusive representative for such personnel under chapter 71 of
title 5, United States Code, with full rights under such
chapter. Any collective bargaining agreement covering such
personnel on the date of enactment of this Act shall remain in
effect, consistent with subsection (d).
(b) Consultation Rights.--Not later than 7 days after the
date of the enactment of this Act, the Secretary shall consult
with the exclusive representative for the personnel described
in subsection (a) under chapter 71 of title 5, United States
Code, on the formulation of plans and deadlines to carry out
the conversion of covered employees and covered positions under
this Act. Prior to the conversion date, the Secretary shall
provide (in writing) to such exclusive representative the plans
for how the Secretary intends to carry out the conversion of
covered employees and covered positions under this Act,
including with respect to such matters as--
(1) the anticipated conversion date; and
(2) measures to ensure compliance with sections 3 and
4.
(c) Required Agency Response.--If any views or
recommendations are presented under subsection (b) by the
exclusive representative, the Secretary shall consider the
views or recommendations before taking final action on any
matter with respect to which the views or recommendations are
presented and provide the exclusive representative a written
statement of the reasons for the final actions to be taken.
(d) Sunset Provision.--The provisions of this section shall
cease to be effective as of the conversion date.
SEC. 6. NO RIGHT TO STRIKE.
Nothing in this Act shall be considered--
(1) to repeal or otherwise affect--
(A) section 1918 of title 18, United States
Code (relating to disloyalty and asserting the
right to strike against the Government); or
(B) section 7311 of title 5, United States
Code (relating to loyalty and striking); or
(2) to otherwise authorize any activity which is not
permitted under either provision of law cited in
paragraph (1).
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
The Committee on Homeland Security considered H.R. 1140 on
January 29, 2020 and took the following vote:
Ordering to be reported to the House with a favorable
recommendation, as amended; was Agreed TO, by a recorded vote
of 17 yeas and 9 nays (Roll Call Vote No. 11).
Roll No. 11
------------------------------------------------------------------------
Yeas Nays
------------------------------------------------------------------------
Mr. Thompson of Mississippi............... Mr. Rogers of Alabama
Mr. Langevin.............................. Mr. King of New York
Mr. Richmond.............................. Mr. Katko
Mr. Payne................................. Mr. Ratcliffe
Miss Rice................................. Mrs. Lesko
Mr. Correa................................ Mr. Green of Tennessee
Ms. Torres Small of New Mexico............ Mr. Crenshaw
Mr. Rose of New York...................... Mr. Guest
Ms. Underwood............................. Mr. Bishop
Ms. Slotkin...............................
Mr. Cleaver...............................
Mr. Green of Texas........................
Ms. Clarke of New York....................
Ms. Titus.................................
Mrs. Watson Coleman.......................
Ms. Barragan..............................
Mrs. Demings..............................
Total 17 9
------------------------------------------------------------------------
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
CONGRESSIONAL BUDGET OFFICE ESTIMATE, NEW BUDGET AUTHORITY, ENTITLEMENT
AUTHORITY, AND TAX EXPENDITURES
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of the Congressional Budget Office.
FEDERAL MANDATES STATEMENT
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
DUPLICATIVE FEDERAL PROGRAMS
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 1140 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the objective of H.R. 1140 is to
rescind the authority granted to TSA to establish and maintain
a personnel system specific to TSA and to transition all TSA
employees to the personnel system established under Title 5 of
the U.S. Code. Transitioning TSA personnel to Title 5 will
ensure all employees have access to the same rights and
protections as those afforded to most other Federal employees.
ADVISORY ON EARMARKS
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of the rule
XXI.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
This section provides that this Act may be cited as the
``Rights for Transportation Security Officers Act of 2020.''
Sec. 2. Definitions
This section provides the definitions of ``adjusted basic
pay,'' ``Administrator,'' ``covered employee,'' ``covered
position,'' ``conversion date,'' ``2019 Determination,''
``employee,'' ``Secretary,'' and ``TSA personnel management
system,'' as used in the Act.
Sec. 3. Conversion of TSA personnel
This section states that, as of the date of enactment of
this Act, TSA may not modify its current personnel management
system or establish any new personnel management policy,
letter, guideline, or directive. It specifies that any
authority to establish or adjust a human resources management
system under chapter 97 of Title 5, U.S. Code, terminates as of
the date of enactment with respect to covered employees and
covered positions.
This section also states that, at a date determined the DHS
Secretary but no later than 180 days after enactment, section
111(d) of the Aviation and Transportation Security Act (49
U.S.C. 44935 note) and 49 U.S.C. 114(n) are repealed. Further,
on such date, all TSA personnel management policies, letters,
guidelines and directives and any human resources management
system established or adjusted under chapter 97 of Title 5,
U.S. Code, will cease to be effective and all covered employees
and positions shall become subject to the provisions of Title 5
of the U.S. Code.
This section includes safeguards for the conversion period.
Specifically, it states that the DHS Secretary shall take such
actions as are necessary to provide an opportunity to each
covered employee with a grievance or disciplinary action
(including an adverse action) pending within TSA on the date of
enactment or at any time during the conversion period to have
such grievance removed to proceedings pursuant to title 5, U.S.
Code, or continued within TSA. The Committee intends that
disciplinary actions covered by this section to include all
adverse actions, whether conduct- or performance-based, as well
as appeals to such actions.
Sec. 4. Transition rules
This section states that any covered employee that is
converted from a TSA personnel management system to the
provisions of Title 5 of the U.S. Code shall not be subject to
any reduction in the rate of adjusted basic pay payable, or
total compensation provided, to such covered employee.
Additionally, the DHS Secretary is required to take such
actions necessary to ensure that any annual leave, sick leave,
or other paid leave accrued, accumulated, or otherwise
available to a covered employee immediately before the
conversion date shall remain available to the employee until
used, and that the government share of any premiums or other
periodic charges under chapter 89 of Title 5, U.S. Code,
governing group health insurance shall remain at least the same
as was the case immediately before the conversion date.
Sec. 5. Consultation requirement
This section states that the labor organization certified
by the Federal Labor Relations Authority in June 2011 or its
successor 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, U.S. Code,
and shall be the exclusive representative of such personnel
under chapter 71 of Title 5, U.S. Code, with full rights under
such chapter. It further states that any collective bargaining
agreement covering such personnel on the date of enactment
shall remain in effect.
The section also states that, within 7 days of enactment of
the Act, the DHS Secretary shall consult with the exclusive
labor representative on the formulation of plans and deadlines
to carry out the conversion of covered employees and covered
positions. Prior to the conversion date, the Secretary would be
required to provide to such representative the plans for
carrying out the conversion. The Secretary would also be
required to consider the views or recommendations of the
exclusive representative 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. The
section states that the provisions of the section shall cease
to be effective as of the conversion date.
Sec. 6. No right to strike
This section states that nothing in the Act shall be
considered to repeal or otherwise affect section 1918 of Title
18, U.S. Code (relating to disloyalty and asserting the right
to strike against the Government), or section 7311 of Title 5,
U.S. Code (relating to loyalty and striking), or to otherwise
authorize any activity which is not permitted under either such
provision of law.
COMMITTEE CORRESPONDENCE
MINORITY VIEWS
When Congress created the Transportation Security
Administration (TSA) with enactment of the Aviation and
Transportation Security Act (ATSA, Pub. L. 107-71), it
recognized the criticality of providing unique authorities to
ensure the agency can carry out its national security mission.
These authorities provide TSA vital flexibility in the
management of its personnel system so it can respond to
evolving threats and best protect the traveling public.
H.R. 1140 would repeal the vital workforce flexibilities
enacted under ATSA and move TSA's personnel system under title
5, United States Code. Title 5 strictly governs the pay,
benefits, and collective bargaining rights of most civilian
federal employees. It fails to provide agencies with the
necessary flexibility to position their workforce to meet
evolving threats.
Committee Republicans are concerned that moving TSA
employees under title 5 would undermine the agency's ability to
perform its national security mission. According to information
obtained from TSA, H.R. 1140 would hinder TSA's ability to
address serious instances of misconduct among the workforce.
Under current law, the agency may exercise one-step removal for
serious offenses such as intentional security breaches, theft,
failure of drug and alcohol tests while on duty, or arrests for
certain criminal offenses. Under H.R. 1140, an employee who
knowingly allows guns or explosives through a security
checkpoint would no longer be immediately fired.
H.R. 1140 would expand collective bargaining rights for TSA
employees. As a result, security policies needed to protect the
traveling public would be negotiable topics in union
bargaining. Under current law, TSA can impose new security
requirements, such as enhanced passenger screening when
intelligence indicates credible threats. Under this bill, how
those new security requirements are implemented could be
subject to negotiation with the union.
In addition to the damaging impact H.R. 1140 could have on
aviation security, Committee Republicans are concerned with how
it proposes to transition the TSA to a fully unionized
workforce. The bill sets the exclusive bargaining agent for the
screeners and requires the TSA to immediately negotiate with
them. The bill does not provide for an intervening union
election. The screener workforce never gets a chance to
exercise their Constitutional right to choose their
representation.
Committee Republicans are also concerned that H.R. 1140
will do little if anything to improve screener pay or morale.
In fact, TSA screeners would lose benefits under this bill. If
H.R. 1140 becomes law, screeners will lose the ability to trade
shifts with one another or donate certain accrued leave to
their fellow workers. Certain overtime pay would be prohibited
and career milestone bonuses could no longer be offered.
H.R. 1140 would also make hiring veterans much harder.
Under current law, veterans only have to demonstrate prior
service to receive a hiring preference by the TSA. Under this
bill, veterans would have to meet much stricter title 5
requirements to be eligible for a hiring preference.
In 2019, TSA received a report from the bipartisan Blue
Ribbon Panel on Human Capital Service Delivery. The Panel,
comprised of former officials from both Republican and Democrat
administrations--including the Chief Human Capital Officer for
the Department of Homeland security under President Barack
Obama--strongly recommended against moving TSA personnel under
title 5. The Panel pointed out that under ATSA, the TSA can pay
its employees more than they can make under title 5.
Finally, Committee Republicans are very concerned with the
significant cost to taxpayers should this legislation be
enacted. The Majority has repeatedly cited years-old cost data
that is hundreds of millions of dollars less than TSA's current
cost estimate. TSA's cost estimate of $1.17 billion over five
years was transmitted to the Committee prior to markup of H.R.
1140, but the Majority has continued to erroneously cite lower
sums. Committee Republicans further object to filing a bill
report for H.R. 1140 before receiving a score from the
Congressional Budget Office, which will provide needed insight
into how significantly this legislation would cost the American
taxpayer.
Committee Republicans acknowledge the dedication of the TSA
workforce and the reality that they are chronically among the
lowest paid federal employees. However, moving the agency under
title 5 will create more problems than it solves. Committee
Republicans believe that Congress should appropriate funding
for the Administrator's career progression initiative which
boosts screener salaries and career advancement awards.
Rather than condemning agency personnel to the antiquated
system under title 5, Committee Republicans stand ready to work
across the aisle to implement TSA's bipartisan Blue Ribbon
Panel recommendations and build an efficient and effective
personnel management system at the agency that boosts screener
pay, protects benefits, and meets the national security mission
of protecting the traveling public.
Mike Rogers.
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