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H.R. 1140 — what changed

Rights for Transportation Security Officers Act of 2020

From Introduced in House to Reported in House. 6 sections amended and 4 removed between Introduced in House and Reported in House.

Section 1 Short title

changed This Act may be cited as the “Rights for Transportation Security Officers Act of 2019”.2020”.

Sec. 2 Definitions

added For purposes of this Act—

(a)
removed Findings— Congress finds the following:
(1)
removed On September 11, 2001, nineteen terrorists, who underwent airport security screening prior to boarding domestic flights, were able to commandeer four airplanes and use those airplanes to perpetrate the most deadly terrorist attack ever to be executed on United States soil.
(2)
removed In the aftermath of those attacks, Congress passed the Aviation and Transportation Security Act (ATSA), enacted by President George W. Bush on November 19, 2001 (Public Law 107–71), to enhance the level of security screening throughout our aviation system and transfer responsibility for such screening from the private sector to a new Federal agency, the Transportation Security Administration (TSA).
(3)
removed TSA was established in recognition of the need to raise the level of screener performance and that achieving such performance is directly linked to employment and training standards, pay and benefits, and the creation of an experienced, committed Federal screening workforce.
(4)
removed The Aviation and Transportation Security Act included a statutory footnote allowing the TSA Administrator to “employ, appoint, discipline, terminate, and fix the compensation”, including the “terms, and conditions of employment of Federal Service for such a number of individuals as the [Administrator] determines to be necessary to carry out the screening functions of the Under Secretary under section 44901 of title 49, United States Code”.
(5)
removed TSA has cited the ATSA footnote as the basis for developing a personnel system for the TSO workforce, while all other Transportation Security Administration employees, including managers, are under the Federal personnel system provided under title 5, United States Code, as incorporated in title 49 of such Code.
(6)
removed In November 2006, the International Labor Organization ruled that the Bush administration violated international labor law when it prohibited Transportation Security Officers from engaging in collective bargaining.
(7)
removed After the Federal Labor Relations Board approved a petition for the election of an exclusive representative, on February 4, 2011, then-TSA Administrator John Pistole issued a binding determination stating in part “it is critical that every TSA employee feels that he or she has a voice and feels safe raising issues and concerns of all kinds. This is important not just for morale; engagement of every employee is critically important for security”.
(8)
removed Subsequently, in 2014, then-Administrator Pistole issued a second determination, which was superseded by a 2016 determination, which changed the previous guidelines for collective bargaining and limited the subjects that can be bargained as well as issues in dispute that may be raised to an independent, third-party neutral decisionmaker.
(9)
removed The 2011, 2014, and 2016 determinations cited the ATSA footnote as authority to create a personnel system that denies the Transportation Security Officer workforce the same rights and protections under title 5, United States Code, as other Federal workers, including the right to present grievances to a neutral third party, fair pay under the General Services wage system, including access to overtime pay and earned leave, and Fair Labor Standards Act protections.
(10)
removed The Transportation Security Officer workforce is an integral component of the security framework in place since the terrorist attacks on September 11, 2001, and responsible for screening more than 738 million passengers annually.
(11)
removed In the course of their work, Transportation Security Officers not only identify aviation security threats but also identify kidnapping and trafficking victims and prevent firearms from being brought on planes in carry-on bags. In 2018 alone, 4,239 firearms were discovered by Transportation Security Officers at aviation security checkpoints.
(12)
removed Every day, Transportation Security Officers put their safety on the line to protect the flying public and on November 1, 2013, a Transportation Security Officer, Gerardo Hernandez, gave his life to protect the flying public when he was killed by a gunman who attacked the Los Angeles International Airport.
(13)
removed Transportation Security Officers are vital to aviation security and have kept the American aviation system secure, even during lapses in appropriations, when they were not paid. For 16 days in 2013, three days in 2018, and, most recently, 35 days in at the end of 2018 through early 2019, the TSA workforce worked without pay alongside airplane safety specialists, air traffic controllers, and other Federal workers responsible for the aviation security and safety framework that has protected United States air travel since 2001.
(14)
removed The adverse impact of two missed paychecks during the shutdown that took place between December 22, 2018, and January 25, 2019, was felt disproportionately by the Transportation Security Officer workforce, with many Officers receiving starting salaries of as low as $32,000.
(1)
changed Sense of Congress— It is the sense of Congress that the Transportation Security Administration’s personnel system for the Transportation Security Officer workforce provides insufficient benefits and workplace protections to these frontline personnel who secure the United States aviation system, and that such personnel should be provided protections and benefits under title 5, United States Code.term “adjusted basic pay” means—
(A)
added the rate of pay fixed by law or administrative action for the position held by a covered employee before any deductions; and
(B)
added 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)
added the term “Administrator” means the Administrator of the Transportation Security Administration;
(3)
added the term “covered employee” means an employee who holds a covered position;
(4)
added the term “covered position” means a position within the Transportation Security Administration;
(5)
added the term “conversion date” means the date as of which paragraphs (1) through (4) of section 3(c) take effect;
(6)
added 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)
added the term “employee” has the meaning given such term by section 2105 of title 5, United States Code;
(8)
added the term “Secretary” means the Secretary of Homeland Security; and
(9)
added the term “TSA personnel management system” means any personnel management system established or modified under—
(A)
added section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note); or
(B)
added section 114(n) of title 49, United States Code.

Sec. 3 Conversion of TSA personnel

(a)
added Restrictions on certain personnel authorities— Notwithstanding any other provision of law, effective as of the date of the enactment of this Act—
(1)
added 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)
added 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)
added 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.

removed For purposes of this Act—

(b)
changed Personnel authorities during transition period— Any TSA personnel management system in use for covered employees and covered positions on the term “covered position” means—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).
(A)
removed a position within the Transportation Security Administration; and
(B)
removed any position within the Department of Homeland Security, not described in subparagraph (A), the duties and responsibilities of which involve providing transportation security in furtherance of the purposes of the Aviation and Transportation Security Act (Public Law 107–71), as determined by the Secretary;
(c)
changed Transition to general personnel management system applicable to civil service employees— Effective as of the term “covered employee” means an employee who holds a covered position;date determined by the Secretary, but in no event later than 180 days after the date of the enactment of this Act—
(1)
added each provision of law cited in section 2(9) is repealed;
(2)
added any TSA personnel management policy, letter, guideline, and directive, including the 2019 Determination, shall cease to be effective;
(3)
added 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)
added covered employees and covered positions shall be subject to the provisions of title 5, United States Code.
(d)
changed Safeguards on grievances— the term “employee” has In carrying out this Act, the meaning given Secretary shall take such term by section 2105 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;Code, or continued within TSA.
(4)
removed the term “Secretary” means the Secretary of Homeland Security;
(5)
removed the term “Administrator” means the Administrator of the Transportation Security Administration;
(6)
removed the term “TSA personnel management system” means any personnel management system, as established or modified under—
(A)
removed section 111(d) of the Aviation and Transportation Security Act; or
(B)
removed section 114(n) of title 49, United States Code;
(7)
removed the term “agency” means an Executive agency, as defined by section 105 of title 5, United States Code; and
(8)
removed the term “conversion date” means the date as of which paragraphs (1) through (3) of section 4(b) take effect.

Sec. 4 Transition rules

(a)
changed Termination of certain personnel authorities—Nonreduction in pay and compensation— Effective Under pay conversion rules as of the date 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 enactment rate of this Act—adjusted basic pay payable, or total compensation provided, to such covered employee.
(1)
removed each provision of law cited in section 3(6) is repealed, and any authority to establish or modify a TSA personnel management system under either such provision of law shall terminate;
(2)
removed all 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; and
(3)
removed section 44935 note of title 49, United States Code, is repealed.
(b)
changed Covered employees and positions made subject to same personnel management system as applies to civil service employees generally—Preservation of other rights— Effective In the case of each covered employee as of the date determined by the Secretary, but in no event later than 60 days after the date of conversion date, the enactment of this Act—Secretary shall take any actions necessary to ensure that—
(1)
changed all TSA personnel management policies, letters, guidelines, and directives, including any annual leave, sick leave, or other paid leave accrued, accumulated, or otherwise available to a covered employee immediately before the August 2016 Determination, conversion date shall cease remain available to be effective;the employee until used; and
(2)
changed the Government share of any human resources management system established premiums or adjusted other periodic charges under chapter 97 89 of title 5, United States Code, to the extent otherwise applicable with respect to covered employees or covered positions, governing group health insurance shall cease to be effective; andremain at least the same as was the case immediately before the conversion date.
(3)
removed covered employees and covered positions shall become subject to the provisions of title 5, United States Code.

Sec. 5 Consultation requirement

(a)
changed Nonreduction in rate of pay—Exclusive representative— Any conversion 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 an employee from a full- and part-time non-supervisory TSA personnel management system to the provisions of law made applicable with respect to such employee by carrying out screening functions under section 4(b)(3) 44901 of title 49, United States Code, and shall be effected, under pay conversion rules prescribed by the Secretary, without any reduction in the rate exclusive representative for such personnel under chapter 71 of basic pay payable to title 5, United States Code, with full rights under such employee.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)
changed Preservation of other Consultation rights— In Not later than 7 days after the case date of each individual who is a covered employee as 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 take any actions which may be necessary provide (in writing) to ensure that—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)
changed all TSA personnel management policies, letters, guidelines, and directives, including the August 2016 Determination, shall cease to be effective;anticipated conversion date; and
(2)
changed all 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 measures to the employee, until used, so long as such individual remains continuously employed by the Department of Homeland Security; andensure compliance with sections 3 and 4.
(c)
added 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)
added Sunset provision— The provisions of this section shall cease to be effective as of the conversion date.
(3)
removed the Government share of any premiums or other periodic charges under the provisions of law governing group health insurance shall remain the same as was the case immediately before the conversion date, so long as such individual remains continuously employed by the Department of Homeland Security.

Sec. 6 No right to strike

added Nothing in this Act shall be considered—

(a)
removed Exclusive representative— The labor organization certified by the Federal Labor Relations Authority on June 29, 2011, or successor shall be treated as the exclusive representative of full- and part-time non-supervisory personnel carrying out screening functions under section 44901 of title 49, United States Code, as that term is used in section 111(d) of the Aviation and Transportation Security Act and shall be the exclusive representative for the employees under chapter 71 of title 5, United States Code, with full rights under such chapter 71. Any collective bargaining agreement on the effective date of this legislation shall remain in effect.
(1)
changed Consultation rights— Within 14 days after the date of the enactment of this Act, the Secretary shall consult with the exclusive representative for employees 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. The Secretary shall provide in writing to the exclusive representative the final plans in accordance with which the Secretary intends to carry out the conversion of covered employees and covered positions under this Act, including with respect to such matters as—repeal or otherwise affect—
(A)
added section 1918 of title 18, United States Code (relating to disloyalty and asserting the right to strike against the Government); or
(B)
changed the proposed conversion date; andsection 7311 of title 5, United States Code (relating to loyalty and striking); or
(2)
removed measures to ensure compliance with section 5.
(2)
changed Required agency response— If any views or recommendations are presented under subsection (b)(2) by the exclusive representative, the Secretary shall consider the views or recommendations before taking final action on any matter with respect to otherwise authorize any activity which the views or recommendations are presented and provide the exclusive representative a written statement is not permitted under either provision of the reasons for the final actions to be taken.law cited in paragraph (1).
(d)
removed Sunset provision— The provisions of this section shall cease to be effective as of the conversion date.

Sec. 7 No right to strike

removed

removed Nothing in this Act shall be considered—

(1)
removed to repeal or otherwise affect—
(A)
removed section 1918 of title 18, United States Code (relating to disloyalty and asserting the right to strike against the Government); or
(B)
removed section 7311 of title 5, United States Code (relating to loyalty and striking); or
(2)
removed to otherwise authorize any activity which is not permitted under either provision of law cited in paragraph (1).

Sec. 8 Regulations

removed

removed The Secretary may prescribe any regulations necessary to carry out this Act.

Sec. 9 Delegations to Administrator

removed

removed The Secretary may, with respect to any authority or function vested in the Secretary under any of the preceding provisions of this Act, delegate any such authority or function to the Administrator of the Transportation Security Administration under such terms, conditions, and limitations, including the power of redelegation, as the Secretary considers appropriate.

Sec. 10 Authorization of appropriations

removed

removed There are authorized to be appropriated such sums as may be necessary to carry out this Act.