[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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