[Congressional Record Volume 166, Number 44 (Thursday, March 5, 2020)]
[House]
[Pages H1508-H1514]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RIGHTS FOR TRANSPORTATION SECURITY OFFICERS ACT OF 2020
The SPEAKER pro tempore. Pursuant to House Resolution 877 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 1140.
Will the gentleman from Maryland (Mr. Brown) kindly take the chair.
{time} 0915
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the
[[Page H1509]]
further consideration of 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, with Mr. Brown of
Maryland (Acting Chair) in the chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole rose on Wednesday,
March 4, 2020, all time for general debate had expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
The amendment in the nature of a substitute recommended by the
Committee on Homeland Security, printed in the bill, shall be
considered as adopted. The bill, as amended, shall be considered as an
original bill for purpose of further amendment under the 5-minute rule
and shall be considered as read.
The text of the bill, as amended, is as follows:
H.R. 1140
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rights for 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).
The Acting CHAIR. No further amendment to the bill, as amended, shall
be in order except those printed in House Report 116-411.
Each such further amendment may be offered only in the order printed
in the report, by a Member designated in the report, shall be
considered as read, shall be debatable for the time specified in the
report equally divided and controlled by the proponent and an opponent,
shall not be subject to amendment, and shall not be subject to a demand
for division of the question.
Amendment No. 1 Offered by Mr. Rogers of Alabama
The Acting CHAIR. It is now in order to consider amendment No. 1
printed in House Report 116-411.
Mr. ROGERS of Alabama. Mr. Chairman, as the designee of the
gentlewoman from Puerto Rico (Miss Gonzalez-Colon), I rise to offer an
amendment.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of section 4, add the following:
(c) GAO Study on TSA Pay Rates.--Not later than the date
that is 9 months after the date of enactment of this Act, the
Comptroller General shall submit a report to Congress on the
differences in rates of pay, classified by pay system,
between Transportation Security Administration employees--
[[Page H1510]]
(1) with duty stations in the contiguous 48 States; and
(2) with duty stations outside of such States, including
those employees located in any territory or possession of the
United States.
The Acting CHAIR. Pursuant to House Resolution 877, the gentleman
from Alabama (Mr. Rogers) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Alabama.
Mr. ROGERS of Alabama. Mr. Chairman, I yield myself such time as I
may consume.
This amendment is a sensible requirement to examine the pay equity
for screeners in all parts of the United States.
Mr. Chair, I thank the gentlewoman from Puerto Rico (Miss Gonzalez-
Colon) for her amendment and for her leadership on this issue.
Mr. Chair, I urge my colleagues to support this amendment, and I
reserve the balance of my time.
Mr. ROSE of New York. Mr. Chairman, I claim the time in opposition to
the amendment, even though I am not opposed to it.
The Acting CHAIR. Without objection, the gentleman from New York is
recognized for 5 minutes.
There was no objection.
Mr. ROSE of New York. Mr. Chair, this measure improves the underlying
bill by requiring GAO to study differences between pay rates for TSA
employees working in Alaska, Hawaii, and the territories and those
working in the contiguous 48 States.
We know that pay satisfaction is very low within TSA. In fact, in a
recent governmentwide survey, TSA's workforce reported being the least
satisfied with pay than Federal workers at 414 other Federal agencies.
I commend Miss Gonzalez-Colon for recognizing that, under the current
system, there are disparities in pay within TSA that have implications
for workers outside the contiguous 48 States.
Mr. Chair, I urge my colleagues to support this amendment, and I
yield back the balance of my time.
Mr. ROGERS of Alabama. Mr. Chair, I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Alabama (Mr. Rogers).
The amendment was agreed to.
Amendment No. 2 Offered by Mr. Rose of New York
The Acting CHAIR. It is now in order to consider amendment No. 2
printed in House Report 116-411.
Mr. ROSE of New York. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill, add the following:
SEC. 7. RULE OF CONSTRUCTION WITH RESPECT TO CERTAIN CRIMES
RELATING TO TERRORISM.
Nothing in this Act may be construed to contradict chapter
113B of title 18, United States Code, including with respect
to--
(1) section 2332b (relating to acts of terrorism
transcending national boundaries);
(2) section 2339 (relating to harboring or concealing
terrorists); and
(3) section 2339A (relating to providing material support
to terrorists).
The Acting CHAIR. Pursuant to House Resolution 877, the gentleman
from New York (Mr. Rose) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York.
Mr. ROSE of New York. Mr. Chairman, I yield myself such time as I may
consume.
Before I begin, I would like to thank Chairman Thompson for his
leadership in bringing this important bill to the floor today. I am
proud to be a cosponsor of this bill.
On 9/11, we all watched in horror as the events of that day played
out in real time.
As a native New Yorker growing up in the shadows of the World Trade
Center, I saw firsthand the impact that terrorism can have.
Since that fateful day, we have seen our Nation take many important
steps to prevent terrorist attacks from happening. For example,
Congress created the Transportation Security Administration and passed
several laws strengthening our Nation's transportation systems.
While I applaud these efforts and those of others, we must continue
to remain vigilant in light of current world events.
My amendment, in this light, is simple. It reaffirms our Nation's
commitment to prevent terrorism and ensures our national security
agencies can continue to prosecute and prevent terrorist activities
from occurring in our homeland.
Mr. Chair, I say to my colleagues, let us all take a simple but
important step to reaffirm our commitment to prevent terrorism. I urge
all Members to vote ``yes'' on this amendment.
Mr. Chair, I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman from Alabama is recognized for 5
minutes.
Mr. ROGERS of Alabama. Mr. Chairman, as we have discussed, this bill
makes it more difficult for TSA to protect the traveling public from
terrorism. The gentleman's amendment does nothing to fix that.
In fact, the gentleman's amendment does nothing at all, but it
certainly is reassuring to hear that some in the majority still support
our counterterrorism laws.
Mr. Chair, I reserve the balance of my time.
Mr. ROSE of New York. Mr. Chair, I urge my colleagues to support my
amendment to continue protecting our Nation from terrorism, and I yield
back the balance of my time.
Mr. ROGERS of Alabama. Mr. Chair, I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Rose).
The amendment was agreed to.
The Acting CHAIR. The Chair understands that amendment No. 3 will not
be offered.
Amendment No. 4 Offered by Mr. Peters
The Acting CHAIR. It is now in order to consider amendment No. 4
printed in House Report 116-411.
Mr. PETERS. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end the following:
SEC. 7. REPORT BY GAO REGARDING TSA RECRUITMENT.
Not later than one year after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to Congress a report on the efforts of the
Transportation Security Administration regarding recruitment,
including recruitment efforts relating to veterans and the
dependents of veterans and members of the Armed Forces and
the dependents of such members. Such report shall also
include recommendations regarding how the Administration may
improve such recruitment efforts.
The Acting CHAIR. Pursuant to House Resolution 877, the gentleman
from California (Mr. Peters) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. PETERS. Mr. Chair, I rise today in support of my amendment to
H.R. 1140, the Rights for Transportation Security Officers Act.
Mr. Chair, I thank Chairman Thompson for his work on this important
bill to help get our Transportation Security officers, or TSOs, onto
the General Schedule scale and give them needed workplace protections
that other Federal workers receive.
Every week, other Members of Congress and I see the vital role
Transportation Security officers perform in keeping our country safe.
They are essential to national security.
Unfortunately, there is a serious employee recruitment and retention
problem at the Transportation Security Administration.
In 2017, the TSA spent $75 million just on recruitment, hiring, and
training costs. Over 1,900 TSOs quit that year, at a cost of $16
million to the taxpayer.
Putting these employees on the GS scale will help with these
retention issues.
Additionally, Congress needs to ensure we recruit the most qualified
individuals to combat terrorism and keep travelers safe. In order to do
that, we need to know how the TSA is recruiting top candidates,
including military veterans.
My amendment requires a GAO study on how the TSA recruits workers
and, specifically, TSA's efforts to recruit veterans and military
spouses.
[[Page H1511]]
In San Diego, where we have the third largest veteran population in
the country, we often see vets continuing to serve their country
through Federal employment. Security jobs like those in the TSA demand
a competency often found in military veterans. Hiring vets is an asset
to the TSA, but we have heard from TSOs in my district that job
dissatisfaction prompts many of them to leave the TSA in favor of
working elsewhere.
The GAO study I am proposing will also provide recommendations for
improvement, enabling the TSA to continue cultivating a workforce that
complements the goals of the agency and responsibly spends our tax
dollars.
Many Members of this Chamber, on both sides of the aisle, have stood
on this floor and championed the cause of hiring vets and military
spouses. It is a policy that we have incentivized private corporations
to implement, and we have criticized employers for not doing or doing
improperly.
Mr. Chair, I ask that my colleagues support this amendment so that we
can ensure TSA is effectively recruiting the most qualified candidates
and spending our taxpayer dollars wisely.
Mr. Chair, I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Chairman, I claim the time in opposition
to the amendment, even though I am not opposed to it.
The Acting CHAIR (Mr. Cisneros). Without objection, the gentleman
from Alabama is recognized for 5 minutes.
There was no objection.
Mr. ROGERS of Alabama. Mr. Chairman, this amendment calls for a study
on how TSA can recruit more veterans.
I find that ironic, given that the underlying bill actually
eliminates the existing hiring preferences for veterans, but the study
is a good idea. Maybe it will come back and tell Congress that they
ought to restore the hiring preferences for veterans that we currently
have. That would be a good way to recruit veterans.
Mr. Chair, I reserve the balance of my time.
Mr. PETERS. Mr. Chair, I yield such time as he may consume to the
gentleman from Mississippi (Mr. Thompson), my colleague and the chair
of the committee.
Mr. THOMPSON of Mississippi. Mr. Chair, I thank the gentleman for
yielding time.
Mr. Chair, we have worked long and hard on crafting a bill that I am
convinced would be in the best interests of those TSO employees who
work diligently to keep us safe, making sure that all is well when we
fly in and out of Washington as Members of Congress, as well as the 450
airports all around the United States.
They do a good job, but they are not treated fairly.
We want to make sure, in this instance, with the amendment, that we
improve on the bill. So I rise in support of the amendment offered by
my colleague, Mr. Peters from California.
TSA takes pride in hiring veterans and reports that a quarter of its
workforce is comprised of veterans. That is a good thing.
Still, there are questions about the way TSA uses its personnel
flexibilities when it comes to recruiting and hiring veterans.
The Peters amendment would require the Government Accountability
Office to conduct a study of TSA's recruitment process, including its
recruitment of veterans. This amendment will improve the underlying
bill by ensuring that, as TSA moves forward under title 5, it does so
in a way that recruits and retains veterans.
Mr. Chair, I urge my colleagues to support this amendment.
Mr. ROGERS of Alabama. Mr. Chairman, I can't overstate this: The real
irony of this amendment is the underlying bill eliminates the hiring
preferences for veterans.
We all want to give preference to veterans for their service to our
country. The best thing we can do to make that happen is to leave
current law in place.
Mr. Chair, I reserve the balance of my time.
Mr. PETERS. Mr. Chair, I appreciate the gentleman from Alabama (Mr.
Rogers) not opposing this particular amendment, understanding his
reservations about the underlying bill.
I think what we are trying to do in good faith is to address some of
the issues that he has raised about what some of the best procedures
are to pursue going forward.
Mr. Chair, I ask my colleagues for their support, and I yield back
the balance of my time.
Mr. ROGERS of Alabama. Mr. Chair, I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Peters).
The amendment was agreed to.
{time} 0930
Amendment No. 5 Offered by Mr. Brown of Maryland
The Acting CHAIR. It is now in order to consider amendment No. 5
printed in House Report 116-411.
Mr. BROWN of Maryland. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end the following:
SEC. 7. SENSE OF CONGRESS.
It is the sense of Congress that the Transportation
Security Administration's personnel system provides
insufficient benefits and workplace protections to the
workforce that secures the nation's transportation systems
and that the Transportation Security Administration's
workforce should be provided protections and benefits under
title 5, United States Code.
The Acting CHAIR. Pursuant to House Resolution 877, the gentleman
from Maryland (Mr. Brown) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Maryland.
Mr. BROWN of Maryland. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chair, I want to recognize the hard work of Chairman Bennie
Thompson on the underlying bill, and the entire Homeland Security
Committee.
My district, Maryland's Fourth Congressional District, has the fifth
largest number of Federal employees in the country. These public
servants go to work every day to make the country safer and a better
place to live for our families.
For years, transportation security officers have not had basic
workplace protections, such as collective bargaining rights,
whistleblower protections, and paid leave. Since 2011, transportation
security officers, who make up 70 percent of TSA's workforce, have had
labor union representation but, because of limitations imposed by TSA,
have been denied full collective bargaining rights.
TSOs were most severely impacted during the last government shutdown.
During the shutdown, more than 50,000 TSA officers were deemed
essential Federal employees, meaning they had to work without pay. Due
to financial strain, officers called out in record numbers, which led
to low morale and high turnover among its workforce.
Staffing shortages prompted officials to consolidate checkpoints,
creating long lines at some of the country's busiest airports,
including Miami, Atlanta, and in my backyard at BWI Thurgood Marshall
and Reagan National Airport, where my constituents felt the most
strain.
Federal workers who protect our country should not have to work in
such strenuous conditions. Transportation security officers are vital
safeguards for our Nation's transportation system. They should be
afforded the same rights and benefits as other Federal employees.
My amendment reaffirms the importance of TSA's workforce and
recognizes that TSOs should be provided the same protections and
benefits as other Federal employees under title V.
In addition to collective bargaining rights, the transition to title
V would increase salaries for most TSA employees and provide
opportunities for regular pay raises for those meeting performance
standards.
TSA employees and TSOs are essential to our national security and
safety. It is time we treat them with the respect they deserve. I
strongly encourage my colleagues to support this amendment and the
underlying legislation, and I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. ROGERS of Alabama. Mr. Chairman, this amendment is a sense of
Congress articulating support for the underlying bill, an underlying
bill which I
[[Page H1512]]
have made clear over the last 2 days would reduce pay and benefits for
our TSOs. That is unacceptable. We should be trying to increase their
pay and benefits and their flexibility rather than trying to cap it by
moving into title V.
I can't support this amendment because I don't support the underlying
bill. There are many of us who feel that way, who care very deeply
about TSOs being compensated better and given better benefits, so, for
that reason, I oppose the bill, and I reserve the balance of my time.
Mr. BROWN of Maryland. Mr. Chairman, I yield to the gentleman from
Mississippi (Mr. Thompson), my friend and chairman of the committee.
Mr. THOMPSON of Mississippi. Mr. Chair, I appreciate the gentleman
yielding me the time.
Let me be clear. This bill enhances opportunities for TSOs. It
increases the possibility of them getting employment by putting them on
the GS schedule for Federal employees, so I am somewhat mystified that
a bill that is designed to bring a group of employees into a system
that all other Federal employees are in is somehow penalizing those
employees.
The very intent of this bill is to level the playing field for TSOs,
who, everybody agrees, are doing a wonderful job, so I continue to be
somewhat baffled by the arguments against it.
I support the gentleman from Maryland's amendment. This amendment
adds additional language to the bill to reiterate Congress' intent that
TSA employees should have the same protections and benefits as the rest
of the Federal workforce.
This current system that we have is not working for TSA employees.
All you have to do is talk to them. When you go through the airports,
just ask them: ``Are you happy with how you are being treated and paid
right now?'' Without a doubt, they will tell you: ``No.'' So this is to
fix it.
I compliment the gentleman from Maryland's strengthening of the
intent of this legislation. But, more importantly, the bargaining unit
that represents the employees, the American Federation of Government
Employees, which represents all the TSOs, all 46,000, they are in
support of it.
Mr. Chair, I urge my colleagues to support the amendment.
Mr. BROWN of Maryland. Mr. Chair, I yield back the balance of my
time.
Mr. ROGERS of Alabama. Mr. Chairman, my friend and colleague from
Mississippi is right about part of what he said, that is that if you
talk to TSOs throughout this country, they are grossly dissatisfied
with their pay, and rightfully so. We have not done our job in Congress
to adequately fund the TSA to pay them better.
The TSA wants to increase their pay. Under current law, they have a
lot more capacity to raise their pay. If we move them to title V, that
pay is capped.
My friend from Maryland is absolutely right in his desire to want to
help the TSOs. This underlying bill doesn't do it. We need to get with
our appropriating brothers and sisters and urge them to fund the
President's 2021 budget which does provide the money that would allow
TSOs to be properly paid and not capped.
I remind everybody that it was the Obama human capital experts who
had a blue-ribbon study that recommended that we not move the TSA
employees back to title V because it would, in fact, cut their pay and
limit many of their benefits.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Maryland (Mr. Brown).
The amendment was agreed to.
Amendment No. 6 Offered by Mr. Kim
The Acting CHAIR. It is now in order to consider amendment No. 6
printed in House Report 116-411.
Mr. KIM. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end the following:
SEC. 7. ASSISTANCE FOR FEDERAL AIR MARSHAL SERVICE.
The Administrator of the Transportation Security
Administration shall engage and consult with public and
private entities associated with the Federal Air Marshal
Service to address concerns regarding Federal Air Marshals
related to the following:
(1) Mental health.
(2) Suicide rates.
(3) Morale and recruitment.
(4) Any other personnel issues the Administrator determines
appropriate.
The Acting CHAIR. Pursuant to House Resolution 877, the gentleman
from New Jersey (Mr. Kim) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. KIM. Mr. Chair, I rise today to introduce this simple amendment
that addresses a complex and tragic problem.
The U.S. Federal Air Marshal Service, men and women tasked with
protecting the thousands of airline passengers and crew who fly across
the United States and globally every day, is in a state of crisis.
The public servants who are committed to our safety are subject to
high-stress work environments that have led to a drastic increase in
health issues, turnover in staff, and even a number of highly
disturbing murders and suicides. In a story published by ABC News last
year, Sonya Hightower LaBosco, the president of the Air Marshal
National Council, a union which represents thousands of air marshals,
said: ``The crisis is here--it's an epidemic.''
My amendment addresses that epidemic by requiring that the TSA
consult with the Federal Air Marshal Service and the bodies who
represent its members to address concerns that have led to this crisis.
It provides a path to finding solutions on mental health and suicide,
while improving morale, recruitment, and retention.
The cost of inaction is simply too high. We see the cost of inaction
in the story of Mario Vanetta. Mario was a New Jersey air marshal who
fatally shot his wife and himself in a murder-suicide last October.
Mario left behind three children, and his tragic story is one we cannot
ignore or forget.
When our neighbors answer the call to service, they deserve our full
support. Members of the Federal Air Marshal Service serve our country
every day under incredible stress and difficult conditions. We have
seen what those conditions do and the lives they impact. The time is
now to act, to honor their service, and to put an end to this epidemic
before it takes more American lives.
Mr. Chair, I hope you will join me in passing this amendment, and I
reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Chairman, I claim the time in opposition
to the amendment, although I am not opposed to it.
The Acting Chair (Mr. Brown of Maryland). Without objection, the
gentleman is recognized for 5 minutes.
There was no objection.
Mr. ROGERS of Alabama. Mr. Chair, we have consistently seen reporting
and data highlighting the unique health and well-being challenges of
Federal air marshals. This amendment is a commendable effort to examine
the issue, and I urge my colleagues to support it.
Mr. Chair, I reserve the balance of my time.
Mr. KIM. Mr. Chairman, I yield to the gentleman from Mississippi (Mr.
Thompson).
Mr. THOMPSON of Mississippi. Mr. Chairman, I am happy to rise in
support of the amendment offered by the gentleman from New Jersey (Mr.
Kim).
Federal air marshals are an essential component of the layered
aviation security system that was created in the wake of the September
11 attacks. Every day, these quiet heroes keep the flying public safe.
As Representative Kim's amendment recognizes, there are some major
personnel changes within FAMS that need timely attention. I commend the
gentleman from New Jersey for introducing this amendment to direct TSA
to aggressively take on the mental health and morale challenges within
this subset of the TSA workforce.
Again, I compliment the gentleman for his amendment and urge support.
Mr. KIM. Mr. Chair, I would like to remind my colleagues that this
bill isn't just a matter of national security; it is a matter of life
and death for the men and women we depend on to keep our airline
passengers and crews safe every day.
Mr. Chair, I urge everyone to join me in standing up for them and to
put an end to this crisis, and I yield back the balance of my time.
[[Page H1513]]
Mr. ROGERS of Alabama. Mr. Chairman, I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New Jersey (Mr. Kim).
The amendment was agreed to.
Amendment No. 7 Offered by Mr. Cisneros
The Acting CHAIR. It is now in order to consider amendment No. 7
printed in House Report 116-411.
Mr. CISNEROS. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end the following:
SEC. 7. VETERANS HIRING.
The Secretary shall prioritize the hiring of veterans,
including disabled veterans, and other preference eligible
individuals, including widows and widowers of veterans, as
defined in section 2108 of title 5, United States Code, for
covered positions.
The Acting CHAIR. Pursuant to House Resolution 877, the gentleman
from California (Mr. Cisneros) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. CISNEROS. Mr. Chair, I want to thank my colleague, Mr. Thompson,
for his steadfast leadership on this critical issue and for working
with me to ensure that this amendment be made in order.
Mr. Chair, I rise to offer an amendment which would require the
Secretary of Homeland Security to prioritize the hiring of veterans and
related preference-eligible individuals, including disabled veterans
and widows or widowers of veterans, for positions within the
Transportation Security Administration.
Mr. Chair, I rise as a supporter and cosponsor of H.R. 1140 because I
believe we must do what we can to ensure our public servants have fair
pay and adequate protections. This is especially true for the Federal
workforce charged with preserving our national security and protecting
our Nation.
As the threats against our Nation continue to evolve in complexity,
TSA employees are tasked with adapting just the same. They deserve the
ability to negotiate compensation equitable to the service they
provide.
{time} 0945
I rise to offer this amendment to ensure that our TSA workforce
includes the fortitude of our Nation's heroes, veterans who are already
mission-driven, molded in integrity, national-security minded, and,
above all, driven by a proven track record of service to the mission. I
have heard firsthand testimony of servicemen and -women, many returning
with service-connected disabilities, but many who still yearn to serve
and protect our Nation.
What better way than with the Transportation Security Administration,
a crucial necessity to the safekeeping of our Nation's citizens?
My amendment would direct the Secretary of Homeland Security to
prioritize our Nation's heroes first when hiring to support TSA's
workforce. This includes veteran-related-preference-eligible
individuals such as disabled veterans and widows or widowers of
veterans. As a Navy veteran and member of the House Veterans' Affairs
Committee and the House Armed Services Committee, the hiring of our
servicemembers and veterans is one of my top priorities.
Mr. Chairman, I urge my colleagues to join me in support of this
amendment to ensure we do not overlook veterans who would strengthen
the TSA workforce.
I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Chairman, I claim the time in opposition
to the amendment.
Here is another example of a messaging amendment that doesn't fix the
veterans' hiring problem in the underlying bill. All this does is
restate the veterans preference language in title 5. It does not
restore the full veterans preference that exist under current law.
I don't understand why the majority keeps restating this instead of
fixing the underlying bill and allowing the veterans preference--which
is broader--to remain in place without the impediment imposed by this
underlying bill.
So, Mr. Chairman, I oppose the amendment, and I reserve the balance
of my time.
Mr. CISNEROS. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from Mississippi (Mr. Thompson).
Mr. THOMPSON of Mississippi. Mr. Chairman, I rise in support of the
amendment offered by the gentleman from California (Mr. Cisneros).
Let me be clear. We want to do all we can for our veterans. They have
done a tremendous job defending us all over the world. The least we can
do is when they return, or, unfortunately, when they don't return
through tragedy, we take care of the families by offering them
employment.
This is a simple, commonsense amendment that I would hope there would
be no disagreement on. All this does is provide the same language that
we use for all other title 5 employees, which the intent of the overall
bill is to bring everybody under the same system.
So, I rise in support of the gentleman from California's amendment
and ask for its approval.
Mr. CISNEROS. Mr. Chairman, I am prepared to close.
Mr. Chairman, I just want to reiterate this is a simple amendment in
support of our Nation's veterans. I urge my colleagues to adopt the
amendment, and I yield back the balance of my time.
Mr. ROGERS of Alabama. Mr. Chairman, I want to restate that the
underlying bill restricts the veterans preference in the hiring that
exists now. Under current law, all veterans are given preference in
hiring at the TSA. Under the underlying bill, it would be restricted to
those veterans who had a rank of O3 or less. Only they would get
preferences. I don't think this is where this Congress wants to go.
Mr. Chairman, I oppose the amendment, and I yield back the balance of
my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Cisneros).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. THOMPSON of Mississippi. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
Amendment No. 8 Offered by Ms. Spanberger
The Acting CHAIR. It is now in order to consider amendment No. 8
printed in House Report 116-411.
Ms. SPANBERGER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end the following:
SEC. 7. PROHIBITION ON CERTAIN SOCIAL MEDIA APPLICATION.
Beginning on the date of the enactment of this Act, covered
employees may not use or have installed on United States
Government-issued mobile devices the social media video
application known as ``TikTok'' or any successor application.
The Acting CHAIR. Pursuant to House Resolution 877, the gentlewoman
from Virginia (Ms. Spanberger) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Virginia.
Ms. SPANBERGER. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I would like to begin by thanking Chairman Thompson for
his leadership on this important legislation and for his commitment to
the men and women who keep our airports and travelers safe.
I am proud to cosponsor this bipartisan bill because I share the
chairman's commitment to ensuring that the TSA workforce receives the
rights that they have earned.
I am also proud to lead this amendment, which would codify the
administration's ban on TSA employees using or installing the app
TikTok on their government-issued phones.
While to some TikTok may seem like a harmless app, TikTok presents a
significant counterintelligence threat. Our intelligence experts are
rightly concerned about the use of the TikTok app, especially on U.S.
Government-issued devices.
As many of my colleagues know, TikTok, like other Chinese companies,
[[Page H1514]]
is required under Chinese law to share information with the government
and its institutions. There are real concerns that this app could also
collect information on users in the United States to advance Chinese
counterintelligence efforts. And because it could become a tool for
surveilling U.S. citizens or Federal personnel, TikTok has no business
being on U.S. Government-issued devices.
While entrusted with keeping Americans safe, our security personnel
should not use apps that could compromise Federal Government data.
There is always a threat that TikTok could be used to compromise
government devices, including those used in our airports and among our
airport personnel. That is why this amendment is so important and why
we should pass it without delay.
Recently, the TSA announced a prohibition on employees using or
downloading TikTok on their government-issued work phones, and my
amendment would make this ban law. Other government agencies and
departments have instituted a prohibition on the use of TikTok on
government-issued phones including the U.S. Army, the State Department,
and the Department of Homeland Security.
TSA is right to institute this policy, especially as TikTok refuses
to provide more transparency into some of its more controversial
practices and use.
Mr. Chairman, I urge my colleagues to vote ``yes'' on my amendment to
keep our government devices and our airports safe from potential
foreign surveillance, and I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Chairman, I claim the time in opposition
to the bill, although I am not opposed to the amendment.
The Acting CHAIR. Without objection, the gentleman is recognized for
5 minutes.
There was no objection.
Mr. ROGERS of Alabama. Mr. Chairman, as the gentlewoman from Virginia
has just stated, the administration has already taken some proactive
steps to deal with this threat; however, we need to remain vigilant
when it comes to dealing with counterintelligence threats and concerns
in the Federal workforce. I think this amendment does that.
Mr. Chairman, I urge my colleagues to support it, and I reserve the
balance of my time.
Ms. SPANBERGER. Mr. Speaker, I yield 2 minutes to the gentleman from
Mississippi (Mr. Thompson).
Mr. THOMPSON of Mississippi. Mr. Chairman, I compliment the
gentlewoman from Virginia in offering this amendment.
Recently, the intelligence community raised national security
concerns about the TikTok app and its ties to China. As we always and
have been continuously informed, the Chinese are trying to get
information on what we are doing every day of the week, every month,
all the year. In response to this, TSA banned the use of TikTok by TSA
employees on government-provided devices.
Representative Spanberger's amendment is to be commended for
recognizing that national security concerns about this app and
successor apps will not go away over time and for authorizing this
amendment to be codified in law.
With that, Mr. Chairman, I urge my colleagues to support this
amendment.
Ms. SPANBERGER. Mr. Chairman, I urge my colleagues to support this
amendment and to continue protecting our Nation, and I yield back the
balance of my time.
Mr. ROGERS of Alabama. Mr. Chairman, I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Virginia (Ms. Spanberger).
The amendment was agreed to.
Amendment No. 9 Offered by Ms. Mucarsel-Powell
The Acting CHAIR. It is now in order to consider amendment No. 9
printed in House Report 116-411.
Ms. MUCARSEL-POWELL. Mr. Chairman, I rise as the designee of Ms.
Schrier, and I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end the following:
SEC. 7. PREVENTION AND PROTECTION AGAINST CERTAIN ILLNESS.
The Administrator of the Transportation Security
Administration, in coordination with the Director of Centers
for Disease Control and Prevention and the Director of the
National Institute of Allergy and Infectious Diseases, shall
ensure that covered employees are provided proper guidance
regarding prevention and protections against coronavirus,
including appropriate resources.
The Acting CHAIR. Pursuant to House Resolution 877, the gentlewoman
from Florida (Ms. Mucarsel-Powell) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Florida.
Ms. MUCARSEL-POWELL. Mr. Chairman, this amendment will ensure that
the TSA Administrator works in coordination with the Directors of the
Centers for Disease Control and the National Institute of Allergy and
Infectious Diseases to ensure that TSA employees are provided the
proper guidance regarding prevention and protections against
coronavirus, including appropriate resources.
TSA employees are on the front lines of strengthening the safety of
our transportation systems while ensuring the freedom of movement for
people and commerce, which is why this underlying legislation is so
important.
As part of their mission, TSA employees constantly come in close
contact with countless people every day from across the country and
from around the world. This means that their potential risk and
exposure to the virus is heightened.
Our TSA employees work every day to protect us as we travel. In turn,
we must do all we can to protect them while they are on the job.
Mr. Chairman, I urge support of this amendment and underlying bill,
and I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Chairman, I claim the time in opposition
to the amendment, although I am not opposed to it.
The Acting CHAIR. Without objection, the gentleman is recognized for
5 minutes.
There was no objection.
Mr. ROGERS of Alabama. Mr. Chairman, this amendment recognizes that
the coronavirus is a serious public health threat and that the TSA has
a responsibility to educate its personnel as to how they should protect
themselves. I can't imagine why anybody would oppose it.
Mr. Chairman, I urge my colleagues to vote ``yes,'' and I yield back
the balance of my time.
Ms. MUCARSEL-POWELL. Mr. Chairman, I am in agreement. I urge the
support of this agreement, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Florida (Ms. Mucarsel-Powell).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. THOMPSON of Mississippi. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Florida
will be postponed.
Mr. THOMPSON of Mississippi. Mr. Chairman, I move that the Committee
do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Ms.
Mucarsel-Powell) having assumed the chair, Mr. Brown of Maryland,
Acting Chair of the Committee of the Whole House on the state of the
Union, reported that that Committee, having had under consideration 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, had come to no resolution thereon.
____________________