The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“RIGHTS FOR THE TRANSPORTATION SECURITY ADMINISTRATION WORKFORCE ACT OF 2021” mentioning the U.S. Dept of Agriculture was published in the in the House of Representatives section section on pages H4878-H4891 on May 12.
The Department is primarily focused on food nutrition, with assistance programs making up 80 percent of its budget. Downsizing the Federal Government, a project aimed at lowering taxes and boosting federal efficiency, said the Department implements too many regulations and restrictions and impedes the economy.
The publication is reproduced in full below:
RIGHTS FOR THE TRANSPORTATION SECURITY ADMINISTRATION WORKFORCE ACT OF
2021
Mr. THOMPSON of Mississippi. Mr. Speaker, pursuant to House Resolution 1097, I call up the bill (H.R. 903) to enhance the security operations of the Transportation Security Administration and stability of the transportation security workforce by applying the personnel system under title 5, United States Code, to employees of the Transportation Security Administration who provide screening of all passengers and property, and for other purposes, and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 1097, in lieu of the amendment in the nature of a substitute recommended by the Committee on Homeland Security printed in the bill, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 117-40, modified by the amendment printed in part A of House Report 117-320, is adopted and the bill, as amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 903
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rights for the Transportation Security Administration Workforce Act of 2022'' or the ``Rights for the TSA Workforce Act of 2022''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``adjusted basic pay'' means--
(A) the rate of pay fixed by law or administrative action for the position held by a covered employee before any deductions; and
(B) any regular, fixed supplemental payment for non- overtime hours of work creditable as basic pay for retirement purposes, including any applicable locality payment and any special rate supplement;
(2) the term ``Administrator'' means the Administrator of the Transportation Security Administration;
(3) the term ``appropriate congressional committees'' means the Committees on Homeland Security and Oversight and Reform of the House of Representatives and the Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate;
(4) the term ``at-risk employee'' means a Transportation Security Officer, Federal Air Marshal, canine handler, or any other employee of the Transportation Security Administration carrying out duties that require substantial contact with the public during the COVID-19 national emergency;
(5) the term ``conversion date'' means the date as of which subparagraphs (A) through (F) of section 3(c)(1) take effect;
(6) the term ``covered employee'' means an employee who holds a covered position;
(7) the term ``covered position'' means a position within the Transportation Security Administration;
(8) the term ``COVID-19 national emergency'' means the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) on March 13, 2020, with respect to the coronavirus;
(9) the term ``employee'' has the meaning given such term by section 2105 of title 5, United States Code;
(10) the term ``Secretary'' means the Secretary of Homeland Security;
(11) the term ``TSA personnel management system'' means any personnel management system established or modified under--
(A) section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note); or
(B) section 114(n) of title 49, United States Code;
(12) the term ``TSA'' means the Transportation Security Administration; and
(13) the term ``2019 Determination'' means the publication, entitled ``Determination on Transportation Security Officers and Collective Bargaining'', issued on July 13, 2019, by Administrator David P. Pekoske, as modified, or any superseding subsequent determination.
SEC. 3. CONVERSION OF TSA PERSONNEL.
(a) Restrictions on Certain Personnel Authorities.--
(1) In general.--Notwithstanding any other provision of law, and except as provided in paragraph (2), effective as of the date of the enactment of this Act--
(A) any TSA personnel management system in use for covered employees and covered positions on the day before such date of enactment, and any TSA personnel management policy, letter, guideline, or directive in effect on such day may not be modified;
(B) no TSA personnel management policy, letter, guideline, or directive that was not established before such date issued pursuant to section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) or section 114(n) of title 49, United States Code, may be established; and
(C) any authority to establish or adjust a human resources management system under chapter 97 of title 5, United States Code, shall terminate with respect to covered employees and covered positions.
(2) Exceptions.--
(A) Pay.--Notwithstanding paragraph (1)(A), the limitation in that paragraph shall not apply to any TSA personnel management policy, letter, guideline, or directive related to annual adjustments to pay schedules and locality-based comparability payments in order to maintain parity with such adjustments authorized under section 5303, 5304, 5304a, and 5318 of title 5, United States Code; and
(B) Additional policy.--Notwithstanding paragraph (1)(B), new TSA personnel management policy may be issued if--
(i) such policy is needed to resolve a matter not specifically addressed in policy in effect on the date of enactment of this Act; and
(ii) the Secretary provides such policy, with an explanation of its necessity, to the appropriate congressional committees not later than 7 days of issuance.
(C) Emerging threats to transportation security during transition period.--Notwithstanding paragraph (1), any TSA personnel management policy, letter, guideline, or directive related to an emerging threat to transportation security, including national emergencies or disasters and public health threats to transportation security, may be modified or established until the conversion date. The Secretary shall provide to the appropriate congressional committees any modification or establishment of such a TSA personnel management policy, letter, guideline, or directive, with an explanation of its necessity, not later than 7 days of such modification or establishment.
(b) Personnel Authorities During Transition Period.--Any TSA personnel management system in use for covered employees and covered positions on the day before the date of enactment of this Act and any TSA personnel management policy, letter, guideline, or directive in effect on the day before the date of enactment of this Act shall remain in effect until the conversion date.
(c) Transition to Title 5.--
(1) In general.--Except as provided in paragraph (2), effective as of the date determined by the Secretary, but in no event later than December 31, 2022--
(A) the TSA personnel management system shall cease to be in effect;
(B) section 114(n) of title 49, United States Code, is repealed;
(C) section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) is repealed;
(D) any TSA personnel management policy, letter, guideline, and directive, including the 2019 Determination, shall cease to be effective;
(E) any human resources management system established or adjusted under chapter 97 of title 5, United States Code, with respect to covered employees or covered positions shall cease to be effective; and
(F) covered employees and covered positions shall be subject to the provisions of title 5, United States Code.
(2) Chapters 71 and 77 of title 5.--Not later than 90 days after the date of enactment of this Act--
(A) chapter 71 and chapter 77 of title 5, United States Code, shall apply to covered employees carrying out screening functions pursuant to section 44901 of title 49, United States Code; and
(B) any policy, letter, guideline, or directive issued under section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) related to matters otherwise covered by such chapter 71 or 77 shall cease to be in effect.
(3) Assistance of other agencies.--Not later than 180 days after the date of enactment of this Act or December 31, 2022, whichever is earlier--
(A) the Office of Personnel Management shall establish a position series and classification standard for the positions of Transportation Security Officer, Federal Air Marshal, Transportation Security Inspector, and other positions requested by the Administrator; and
(B) the Department of Agriculture's National Finance Center shall make necessary changes to its Financial Management Services and Human Resources Management Services to ensure payroll, leave, and other personnel processing systems for TSA personnel are commensurate with chapter 53 of title 5, United States Code, and provide functions as needed to implement this Act.
(d) Safeguards on Grievances and Appeals.--
(1) In general.--Each covered employee with a grievance or appeal pending within TSA on the date of the enactment of this Act or initiated during the transition period described in subsection (c) shall have the right to have such grievance or appeal removed to proceedings pursuant to title 5, United States Code, or continued within the TSA.
(2) Authority.--With respect to any grievance or appeal continued within the TSA pursuant to paragraph (1), the Administrator may consider and finally adjudicate such grievance or appeal notwithstanding any other provision of this Act.
(3) Preservation of rights.--Notwithstanding any other provision of law, any appeal or grievance continued pursuant to this section that is not finally adjudicated pursuant to paragraph (2) shall be preserved and all timelines tolled until the rights afforded by application of chapters 71 and 77 of title 5, United States Code, are made available pursuant to section 3(c)(2) of this Act.
SEC. 4. TRANSITION RULES.
(a) Nonreduction in Pay and Compensation.--Under pay conversion rules as the Secretary may prescribe to carry out this Act, a covered employee converted from a TSA personnel management system to the provisions of title 5, United States Code, pursuant to section 3(c)(1)(F)--
(1) shall not be subject to any reduction in either the rate of adjusted basic pay payable or law enforcement availability pay payable to such covered employee; and
(2) shall be credited for years of service in a specific pay band under a TSA personnel management system as if the employee had served in an equivalent General Schedule position at the same grade, for purposes of determining the appropriate step within a grade at which to establish the employee's converted rate of pay.
(b) Retirement Pay.--Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a proposal, including proposed legislative changes if needed, for determining a covered employee's average pay for purposes of calculating the employee's retirement annuity, consistent with title 5, United States Code, for any covered employee who retires within three years of the conversion date, in a manner that appropriately accounts for time in service and annual rate of basic pay following the conversion date.
(c) Limitation on Premium Pay.--Notwithstanding section 5547 of title 5, United States Code, or any other provision of law, a Federal Air Marshal or criminal investigator hired prior to the date of enactment of this Act may be eligible for premium pay up to the maximum level allowed by the Administrator prior to the date of enactment of this Act. The Office of Personnel Management shall recognize such premium pay as fully creditable for the purposes of calculating pay and retirement benefits.
(d) Preservation of Law Enforcement Availability Pay and Overtime Pay Rates for Federal Air Marshals.--
(1) LEAP.--Section 5545a of title 5, United States Code, is amended by adding at the end the following:
``(l) The provisions of subsections (a)-(h) providing for availability pay shall apply to any Federal Air Marshal who is an employee of the Transportation Security Administration.''.
(2) Overtime.--Section 5542 of such title is amended by adding at the end the following:
``(i) Notwithstanding any other provision of law, a Federal Air Marshal who is an employee of the Transportation Security Administration shall receive overtime pay under this section, at such a rate and in such a manner, so that such Federal Air Marshal does not receive less overtime pay than such Federal Air Marshal would receive were that Federal Air Marshal subject to the overtime pay provisions of section 7 of the Fair Labor Standards Act of 1938.''.
(3) Effective date.--The amendments made by paragraphs (1) and (2) shall begin to apply on the conversion date (as that term is defined in section 2 of the Rights for the TSA Workforce Act of 2022).
(e) Collective Bargaining Unit.--Notwithstanding section 7112 of title 5, United States Code, following the application of chapter 71 pursuant to section 3(c)(2) of this Act, full- and part-time non-supervisory Transportation Security Administration personnel carrying out screening functions under section 44901 of title 49, United States Code, shall remain eligible to form a collective bargaining unit.
(f) Preservation of Other Rights.--The Secretary shall take any actions necessary to ensure that the following rights are preserved and available for each covered employee as of the conversion date and any covered employee appointed after the conversion date, and continue to remain available to covered employees after the conversion date:
(1) Any annual leave, sick leave, or other paid leave accrued, accumulated, or otherwise available to a covered employee immediately before the conversion date shall remain available to the employee until used, subject to any limitation on accumulated leave under chapter 63 of title 5, United States Code.
(2) Part-time personnel carrying out screening functions under section 44901 of title 49, United States Code, pay Federal Employees Health Benefits premiums on the same basis as full-time TSA employees.
(3) Covered employees are provided appropriate leave during national emergencies to assist the covered employees and ensure TSA meets mission requirements, notwithstanding section 6329a of title 5, United States Code.
(4) Eligible covered employees carrying out screening functions under section 44901 of title 49, United States Code, receive a split-shift differential for regularly scheduled split-shift work as well as regularly scheduled overtime and irregular and occasional split-shift work.
(5) Eligible covered employees receive group retention incentives, as appropriate, notwithstanding sections 5754(c),
(e), and (f) of title 5, United States Code.
SEC. 5. CONSULTATION REQUIREMENT.
(a) Exclusive Representative.--
(1) In general.--
(A) Beginning on the date chapter 71 of title 5, United States Code, begins to apply to covered employees pursuant to section 3(c)(2), the labor organization certified by the Federal Labor Relations Authority on June 29, 2011, or any successor labor organization, shall be treated as the exclusive representative of full- and part-time non- supervisory TSA personnel carrying out screening functions under section 44901 of title 49, United States Code, and shall be the exclusive representative for such personnel under chapter 71 of title 5, United States Code, with full rights under such chapter.
(B) Nothing in this subsection shall be construed to prevent covered employees from selecting an exclusive representative other than the labor organization described under paragraph (1) for purposes of collective bargaining under such chapter 71.
(2) National level.--Notwithstanding any provision of such chapter 71, collective bargaining for any unit of covered employees shall occur at the national level, but may be supplemented by local level bargaining and local level agreements in furtherance of elements of a national agreement or on local unit employee issues not otherwise covered by a national agreement. Such local-level bargaining and local- level agreements shall occur only by mutual consent of the exclusive representative of full and part-time non- supervisory TSA personnel carrying out screening functions under section 44901 of title 49, United States Code, and a TSA Federal Security Director or their designee.
(3) Current agreement.--Any collective bargaining agreement covering such personnel in effect on the date of enactment of this Act shall remain in effect until a collective bargaining agreement is entered into under such chapter 71, unless the Administrator and exclusive representative mutually agree to revisions to such agreement.
(b) Consultation Process.--Not later than seven days after the date of the enactment of this Act, the Secretary shall consult with the exclusive representative for the personnel described in subsection (a) under chapter 71 of title 5, United States Code, on the formulation of plans and deadlines to carry out the conversion of full- and part-time non- supervisory TSA personnel carrying out screening functions under section 44901 of title 49, United States Code, under this Act. Prior to the date such chapter 71 begins to apply pursuant to section 3(c)(2), the Secretary shall provide (in writing) to such exclusive representative the plans for how the Secretary intends to carry out the conversion of such personnel under this Act, including with respect to such matters as--
(1) the anticipated conversion date; and
(2) measures to ensure compliance with sections 3 and 4.
(c) Required Agency Response.--If any views or recommendations are presented under subsection (b) by the exclusive representative, the Secretary shall consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented and provide the exclusive representative a written statement of the reasons for the final actions to be taken.
SEC. 6. NO RIGHT TO STRIKE.
Nothing in this Act may be considered--
(1) to repeal or otherwise affect--
(A) section 1918 of title 18, United States Code (relating to disloyalty and asserting the right to strike against the Government); or
(B) section 7311 of title 5, United States Code (relating to loyalty and striking); or
(2) to otherwise authorize any activity which is not permitted under either provision of law cited in paragraph
(1).
SEC. 7. PROPOSAL ON HIRING AND CONTRACTING BACKGROUND CHECK
REQUIREMENTS.
Not later than one year after the date of enactment of this Act, the Secretary shall submit a plan to the appropriate congressional committees on a proposal to harmonize and update, for the purposes of hiring and for authorizing or entering into any contract for service, the restrictions in section 70105(c) of title 46, United States Code (relating to the issuance of transportation security cards), and section 44936 of title 49, United States Code (relating to security screener employment investigations and restrictions).
SEC. 8. COMPTROLLER GENERAL REVIEWS.
(a) Review of Recruitment.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the efforts of the TSA regarding recruitment, including recruitment efforts relating to veterans and the dependents of veterans and members of the Armed Forces and the dependents of such members. Such report shall also include recommendations regarding how the TSA may improve such recruitment efforts.
(b) Review of Implementation.--Not later than 60 days after the conversion date, the Comptroller General shall commence a review of the implementation of this Act. The Comptroller General shall submit to Congress a report on its review no later than one year after such conversion date.
SEC. 9. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the TSA's personnel system provides insufficient benefits and workplace protections to the workforce that secures the nation's transportation systems and that the TSA's workforce should be provided protections and benefits under title 5, United States Code; and
(2) the provision of these title 5 protections and benefits should not result in a reduction of pay or benefits to current TSA employees.
SEC. 10. ASSISTANCE FOR FEDERAL AIR MARSHAL SERVICE.
The Administrator may communicate with organizations representing a significant number of Federal Air Marshals, to the extent provided by law, to address concerns regarding Federal Air Marshals related to the following:
(1) Mental health.
(2) Suicide rates.
(3) Morale and recruitment.
(4) Any other personnel issues the Administrator determines appropriate.
SEC. 11. PREVENTION AND PROTECTION AGAINST CERTAIN ILLNESS.
The Administrator, in coordination with the Director of the Centers for Disease Control and Prevention and the Director of the National Institute of Allergy and Infectious Diseases, shall ensure that covered employees are provided proper guidance regarding prevention and protections against the COVID-19 National Emergency, including appropriate resources.
SEC. 12. HAZARDOUS DUTY PAYMENTS.
Subject to the availability of appropriations, and not later than 90 days after receiving such appropriations, the Administrator shall provide a one-time bonus payment of
$3,000 to each at-risk employee.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be necessary, to remain available until expended, to carry out this Act.
The SPEAKER pro tempore. The bill, as amended, shall be debatable for 1 hour equally divided and controlled by the chair and ranking minority member of the Committee on Homeland Security or their respective designees.
The gentleman from Mississippi (Mr. Thompson) and the gentleman from Mississippi (Mr. Guest) each will control 30 minutes.
The Chair now recognizes the gentleman from Mississippi (Mr. Thompson).
General Leave
Mr. THOMPSON of Mississippi. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and to include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from Mississippi (Mr. Thompson)?
There was no objection.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of my bill, H.R. 903, the Rights for the Transportation Security Administration Workforce Act.
This critical legislation will bring equity and improve working conditions to the Transportation Security Administration by providing better pay, expanded collective bargaining rights, and basic civil service protection to the agency's workforce.
The essential employees of the TSA have continued to work throughout the pandemic, never relenting in their mission to secure air travel despite the risks to their health. They did so before the pandemic and continue to do so now despite enduring two decades of low pay and a lack of basic workplace rights enjoyed by most other Federal employees.
These shortcomings have led to low morale and high turnover impacting TSA's ability to cultivate a mature workforce that can skillfully combat the constantly evolving threats to our Nation's transportation systems. In 2020, TSA ranked dead last on pay satisfaction as part of the annual Best Places to Work in the Federal Government survey.
In addition, the most recent analysis done on employee turnover at TSA shows that over a 2-year span, one in three transportation security officers, or TSOs, quit. That analysis also revealed that in a single year, TSA spent approximately $16 million to hire and onboard nearly 2,000 people who left just months after they got the job. This revolving door of recruiting, training, and then losing TSOs is unsustainable and underscores the need to find a permanent solution that will ensure TSA lives up to its critical national security mission. H.R. 903 would permanently move TSA under title 5 of U.S. Code and eliminate the existing personnel management system that is the source of many of the problems I have enumerated.
This bill will result in better pay and regular salary increases for workers who too often live paycheck to paycheck and experience long paths to career advancement despite years on the job. Employees will benefit from the same collective bargaining rights under H.R. 903 that other Federal employees have, empowering them to collaborate with TSA management to improve working conditions at the agency.
Employees who believe they have experienced wrongful discipline could appeal their case to a neutral party to be heard, just as other Federal employees are able to do. It would eliminate TSA leadership's ability to abuse special personnel authorities in ways that have historically benefited those at the top. In other words, Mr. Speaker, people at the top get big raises but people at the bottom get the short end of the stick.
TSA management would still be able to remove employees from duties if they could compromise the mission of the agency. Furthermore, just like any other unionized Federal agency, TSA's security procedures would not be subject to collective bargaining with the workforce.
We are fortunate to have an administration in the White House that understands the importance of making these changes. This week, the Biden administration issued a Statement of Administration Policy voicing strong support for the bill and noting it is in line with the President's budget request for 2023.
{time} 1230
Mr. Speaker, I include in the Record the Statement of Administration Policy.
Statement of Administration Policy
h.r. 903--rights for the tsa workforce act of 2022--rep. thompson, d-
ms, and 231 cosponsors
The Administration strongly supports passage of H.R. 903, the Rights for the Transportation Security Administration
(TSA) Workforce Act of 2022. This legislation is an important step in ensuring equitable pay for the TSA workforce and is aligned with the 2023 President's Budget request to improve pay for TSA employees. The Administration looks forward to working with the Congress to enact and fund this important legislation.
Mr. THOMPSON of Mississippi. Mr. Speaker, I also applaud the Biden administration for the steps it has taken on its own over the last year to expand employees' access to the Merit Systems Protection Board and explore expanded collective bargaining and increased pay for the workforce. About a year ago, the Secretary of Homeland Security released a memo that instructed the TSA Administrator to make progress on improving pay, collective bargaining, and third-party appeals rights.
Laudably, the President's budget for fiscal year 2023 includes a historic proposal to invest in the TSA workforce in these ways. But critically, crucially, these changes would only apply to the coming fiscal year. That is why it is so essential to pass H.R. 903 so that future administrations cannot turn back the clock on these frontline aviation security workers.
We all know that the nature of an investment is that you have to put some money in upfront and see the returns later. Unlike a typical investment, however, we already have a snapshot into the financial benefit this legislation would yield to workers.
Earlier this year, TSA shared with us that the passage of H.R. 903 would result in a 30 percent salary increase for the entire TSO workforce and a 21 percent increase for Federal air marshals and other law enforcement officers within the agency, bringing them in line with their peers doing similar work at other agencies.
That is astounding, Mr. Speaker, on its face, and it is the least we can do for the men and women who see us each week as we pass through our home airports on the way to Washington, D.C.
Most Members, Republicans and Democrats, thank them for the job that they are doing and say if there is anything they can do to help, just let them know. Well, Mr. Speaker, passing this bill would do exactly that.
H.R. 903 has 231 bipartisan cosponsors and is strongly supported by the American Federation of Government Employees, the Air Marshals Association, the Association of Flight Attendants, the Transport Workers Union of America, the Transportation Trades Department, the AFL-CIO, and the National Urban League.
I include in the Record letters of support from these organizations.
American Federation of
Government Employees, AFL-CIO,
Washington, DC, May 6, 2022. House of Representatives, Washington, DC.
Dear Representative: On behalf of the American Federation of Government Employees, AFL-CIO (AFGE), which represents more than 700,000 federal and District of Columbia employees in 70 agencies, including approximately 45,000 Transportation Security Officers (TSOs) who protect the flying public, I write to urge you to vote in support of H.R. 903, the
``Rights for the Transportation Security Administration Workforce Act of 2021'' when it is considered on the House floor next week.
Passage of H.R. 903 would finally provide due process and fair pay to TSOs by requiring full collective bargaining rights and the GS-pay scale as is enjoyed by most federal government workers. When the Transportation Security Administration (TSA) was established, its administrator was given uniquely broad authority over the workforce to set pay and working conditions. As a result, TSOs do not benefit from the Fair Labor Standards Act or the General Schedule pay scale and do not have representational rights accorded by Congress to most of the federal workforce under the Civil Service Reform Act of 1978. Under current law, TSOs cannot appeal adverse personnel decisions to a neutral third party, rights that are held by the non-TSO workforce at TSA as well as most law enforcement officers who serve elsewhere within the Department of Homeland Security (DHS). Other DHS employees, clearly vital to our national security, can and do appeal adverse actions not only to the Merit Systems Protection Board (MSPB) but also to the U.S. Court of Appeals.
When the bill was considered in the House Homeland Security Committee, I testified in support of the legislation and shared stories of the struggles TSOs have suffered under TSA's separate and unequal personnel management system. They are stories of harassment, intimidation, humiliation, discrimination and most of all, stories of the despair TSOs face with no neutral party to turn to. This separate system is a failure that has fostered a toxic culture that will not change without legislative action.
On June 3, 2021 Homeland Security Secretary Alejandro Mayorkas directed TSA Administrator David Pekoske to issue a new determination and bargain a new contract with the union to ``more closely mirror the rights and benefits that are provided to bargaining unit employees under Chapter 71 of Title 5 of the United States Code.'' In issuing this directive, Secretary Mayorkas acknowledged that statutorily, the provisions under title 5 cannot be directly granted and the TSO workforce does not have the direct right to appeal adverse actions to MSPB. This can only be corrected in law.
In the nearly 21-year history of TSA, the Secretary's action was both unprecedented and highly welcomed. However, his directive makes clear this is a temporary step to provide relief until these rights can be secured in statute. The time is now to step up and recognize the rushed decision almost 21 years ago to allow at separate personnel system no longer serves the employees of TSA appropriately, and thereby extends a disservice to the American public and to aviation security.
H.R. 903 honors TSOs' dedication to America's aviation security by:
Statutorily repealing the TSA Administrator's authority to maintain a separate and unequal personnel system that applies only to the TSO workforce;
Statutorily ending the TSA personnel directives that have allowed TSA to be the judge and jury, with no neutral third- party review, in workforce disciplinary matters and providing statutory access to MSPB;
Requiring TSA to follow the labor-management employee relations statutes that provide workplace rights and protections to most federal government employees under Title 5 of the U.S. Code; and
Putting TSOs on the General Schedule pay scale with regular step increases, under which most federal employees' pay is determined. While it takes 18 years to advance to the top step in the GS system, it takes 30 years to advance through a TSA pay band. AFGE notes that President Biden included sufficient funds in his Fiscal Year 2023 Budget to all for the migration to the GS system and the necessary bargaining and MSPB rights.
I ask you to vote in support of H.R. 903 and oppose any amendments that weaken its intent to achieve fair pay, a fair opportunity and put an end to this failed, toxic system.
AFGE appreciates your support of our nation's TSOs and we look forward to working with you to improve the agency and the rights of its dedicated workforce that keeps the flying public safe.
Sincerely,
Everett B. Kelley, National President.
____
Air Marshal Association,
May 13, 2021. Hon. Bennie Thompson, Washington, DC.
Dear Congressman Thompson: The Air Marshal Association is proud to stand with you in support of H.R. 903--Rights for the TSA Workforce Act of 2021.
It is long overdue that the men and women who work to keep our transportation system secure are treated with the respect and dignity they have earned. Since the Transportation Security Administration was created in the aftermath of September 11th, 2001, TSA employees have endured a substandard core compensation system that effectively turned them into 'second-class federal workers'. We thank you for championing this necessary legislation throughout the past four Congresses, and you can again count on our enthusiastic support.
On behalf of the Air Marshal Association Executive Board.
Sincerely,
John Casaretti, President, Air Marshal Association.
____
Association of Flight
Attendants--CWA, AFL-CIO
Washington, DC, April 30, 2021. Hon. Bennie Thompson, Chairman, House Homeland Security Committee, Washington, DC.
Dear Chairman Thompson: The Association of Flight Attendants--CWA, AFL-CIO (AFA) represents 50,000 flight attendants across the industry. We offer our strong support for H.R. 903, the Rights for Transportation Security Administration (TSA) Workforce Act of 2021.
Twenty years ago, when TSA was created, Congress wrongfully excluded TSA agents from basic rights and protections afforded to most federal employees. The result has been a shameful separate and unequal system of low pay and inadequate protections for this critical group of public safety employees
During the pandemic, 7,787 TSA employees have contracted COVID-19 and 16 have lost their lives to the virus. Under the previous Administration, many TSA agents were forced daily into close proximity with hundreds, even thousands, of maskless passengers. Ignoring the advice and guidance of federal health agencies and public health leaders, TSA and the Administration permitted airports to set their own rules for mask-wearing, denied their workers access to Personal Protective Equipment (PPE), and never created a preventative testing system. These constitute a profound and unacceptable failure to address the vulnerabilities of this essential and frontline workforce. The solution is clear. Congress must extend to TSA personnel the equal protections and representation long-denied under federal law.
As aviation's first responders, Flight Attendants depend on the professionalism and expertise of the TSA workforce every day. TSA employees need and deserve a strong voice at work to help promote the best conditions for security of air travel. H.R. 903 ensures full collective bargaining rights for Transportation Security Officers (TSOs) to negotiate for better working conditions, puts TSA officers on the General Schedule pay scale, and provides officers with much needed statutory worker protections against unfair labor practices.
Security is very personal for me. I remember airport security prior to September 11, 2001. I remember the faces of the screeners who allowed terrorists to enter Terminal C at Logan and to board Flight 175. I remember the screeners' faces because they were there all the time, seven days a week, all hours of the day. I remember the sound of their voices, their tired smiles, and the long hours they worked for the lowest bidding security company just so that they could provide for their own families. I often wonder how those security agents have coped with their part in failing to stop the most fatal attack on U.S. soil. Do they understand they were set up to fail?
Twenty years ago, the decision to federalize airport screening improved aviation security immediately. When AFGE won the largest organizing campaign in the public sector in over 70 years and gave these workers a voice at the agency, our security improved again. My colleagues and I depend on TSOs to keep us safe. We also depend on our union. We know that our union has made flying safer for everyone through constant vigilance, and by giving frontline workers--the people who know the operation--a clear and strong voice in the workplace. Safety and security doesn't just happen; it happens because we demand it of ourselves, demand it of management, and demand it of government.
The unjust decision to exclude TSA from the basic rights and protections of federal employees has produced a workforce that is among the lowest paid and least secure. While TSA's diversity is a cause for celebration--55 percent of the TSA workforce identifies as a racial or ethnic minority--this makes their exclusion even more problematic, creating yet another disparate treatment, another barrier to advancement for historically-marginalized workers.
We finally note that the drive to win long-denied rights for TSOs aligns with the goals of the newly-formed White House Task Force on Worker Organizing and Empowerment. The first goal of this landmark Task Force is to ``lead by example by ensuring that the federal government is a model employer with respect to encouraging worker organizing and collective bargaining among its workforce (emphasis added).'' The moment for action has arrived.
AFA applauds your leadership and support for the aviation workforce and pledges to work alongside you and members of this Committee to secure the basic worker rights and protections long denied to Transportation Security Officers.
Respectfully,
Sara Nelson, International President.
____
Transport Workers Union
of America, AFL-CIO,
Washington, DC, May 4, 2022.
Dear Representative: On behalf of more than 155,000 members of the Transport Workers Union of America (TWU), I am writing to encourage you to support the Rights for the Transportation Security Administration Workforce Act of 2022 (H.R. 903).
The security of our air system is guarded by Transportation Security Officers (TSOs), working for the Transportation Security Administration (TSA). Despite being entrusted with the well-being of our air system, TSOs do not have the same statutory rights as other federal employees. H.R. 903 would ensure TSOs are guaranteed a fair wage scale, the ability to appeal disputes to an independent third party, whistleblower protections, and other essential collective bargaining rights.
As anyone who has flown on a plane has seen, TSOs serve on the front lines of aviation security and carry out an indispensable role in protecting the safety of the nation and the flying public. As essential personnel, TSOs are required to report to work without pay during government shutdowns, pandemics, and other emergencies. Despite performing vital roles necessary for the security of our country, our TSOs are currently among the lowest-paid members of the federal workforce, largely because they do have historically not had access to the same workplace protections as other Federal workers.
All workers deserve the right to collectively bargain. The failure to provide fair pay and standard protections for TSOs has contributed to a workforce with low morale, high stress, and extensive turnover. In order to keep our country safe and provide workers with the pay and protections that they deserve, the Transport Workers Union strongly urges you to vote yes on the Rights for the Transportation Security Administration Workforce Act of 2022.
Sincerely,
John Samuelsen, International President.
____
TTD,
Washington, DC, May 5, 2022. TTD, Calls for Passage of the Rights for the TSA Workforce
Act of 2022.
Dear Representative: On behalf of the Transportation Trades Department, AFL-CIO (TTD), I urge you to vote YES on H.R. 903, the ``Rights for the TSA Workforce Act of 2022'' when it is considered next week.
Every day, thousands of Transportation Security Officers
(TSOs) show up to work to keep our aviation system, mass transit networks, and large public gatherings safe and secure for transportation workers and the general public. However, since the creation of the TSA, its dedicated and skilled employees have been denied many of the basic federal worker rights and protections enjoyed by other federal workers, including those in the Department of Homeland Security. There is no justification for the ongoing mistreatment of the men and women of the TSO workforce, and H.R. 903 takes critical steps to ensure that they have the workplace rights they have earned and deserve.
H.R. 903 would repeal the TSA Administrator's authority to maintain the existing unequal personnel system that applies only to TSOs, and require TSA to provide the workplace rights and protections granted to other federal employees under Title 5. The bill would also grant TSOs access to the Merit Systems Protection Board--a neutral arbiter in workplace discipline matters that nearly all federal employees have access to, including TSA management and administrative personnel. Finally, the bill would put TSOs on the general pay scale with regular step increases. These reforms would dramatically and immediately improve working conditions for TSOs and are vital for the future success of the workforce.
TSOs have had to endure this workplace inequity for far too long, and it is a significant factor in the low morale and high turnover rates that confront the agency. That our government continues to maintain this system for the professionals who keep every American safe is simply unconscionable. TTD calls on the House to pass H.R. 903, and to reject any amendment that seeks to eliminate critical components of this bill, including the provision of fair pay and the establishment of collective bargaining rights.
Sincerely,
Greg Regan, President.
____
National Urban League,
May 4, 2022.
Dear Representative: On behalf of the National Urban League, an organization with a 112-year history of advocating for policies that promote civil rights and economic empowerment for African Americans and other historically underserved communities, and our Urban League affiliates in 37 states and the District of Columbia, we write to express support for H.R. 903, the Rights for the Transportation Security Administration Workforce Act of 2022. Ensuring that Transportation Security Officers (TSOs)--whose service helps keep us safe and our economy moving--receive the same rights and protections as other federal workers is important to the mission of the National Urban League. We urge Congress the swiftly pass this important piece of legislation.
It is vital that Transportation Security Administration
(TSA)'s workforce be protected in the workplace and compensated fairly in order to continue to reflect communities they serve. Nationwide, 55 percent of the 60,000 workers at TSA are people of color. Black Americans make up about 11 percent of the overall population but nearly triple that (32.7 percent) of transportation screeners. Latino and Asian Americans also make up a larger share of the transportation security workforce than their share of the US population and women make up over 41 percent of employees.
In spite of the fact that TSA is driving the diversity and inclusion of people of color and women in our country's homeland security workforce, its workers are not afforded the protections and benefits of their counterparts elsewhere in the Department of Homeland Security or the federal government at large. TSOs face inequities compared to other federal employees. They lack the rights and protections afforded to their peers in the federal government under Title 5 of the U.S. Code. TSA screeners do not have the same protections to collectively bargain. Their pay scale lags behind that of other agencies in the government and they are missing out on the Family and Medical Leave Act protections available elsewhere in the government. Potential whistleblowers in TSA are not protected. Without access to an objective outside body like the Merit Systems Protection Board or negotiated grievance procedures, TSOs are denied the ability to appeal adverse personnel decisions in the same way as other federal employees. And unlike the progressive disciplinary system applied across other federal agencies, including other Department of Homeland Security (DHS) components, TSOs are subject to a cumulative disciplinary system.
This is reflective of the unfair barriers to pay equity and workplace protections people of color and women face as a whole. Due to historic injustices such as slavery, segregation, redlining, unequal access to government programs, and ongoing institutionalized and systematic discrimination, Black men on average make 87 cents on a White man's dollar. Black women face an even larger pay gap on average, making only 63 cents for every dollar earned by a White man. At the same time, 80 percent of Black mothers are the sole, co-breadwinners, or primary breadwinners for their households. These trends track for the Latino community as well. One cause of this disparity is that people of color are often overrepresented in lower paying professions that yield fewer benefits and fewer protections. Removing barriers to success and increasing protections to match those of other federal workers in the TSA, which employs a higher proportion of people of color and a higher proportion of women than the Department of Homeland Security overall, is absolutely a matter of equity that should be addressed urgently.
It is past time this disparity is addressed. TSOs should have the same fair pay, union rights, and treatment as other federal workers. The Rights for the Transportation Security Administration Workforce Act of 2022 would codify these rights and give long overdue workplace protections to TSA officers. The National Urban League supports this legislation and urges you to support it as well.
Sincerely,
Marc H. Morial,
President and Chief Executive Officer,
National Urban League.
Joi O. Chaney,
Executive Director, Washington Bureau, Senior Vice President,
Policy & Advocacy,
National Urban League.
Mr. THOMPSON of Mississippi. Mr. Speaker, the momentum we need to vote this legislation over the finish line is there, and I hope my colleagues on both sides of the aisle will honor the work of our brave TSOs and the commitment they have made to them by voting for this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. GUEST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in opposition to H.R. 903. When Congress created the Transportation Security Administration more than 20 years ago in the wake of the attacks on 9/11, this body provided the TSA Administrator with unique authorities in the management of its personnel.
H.R. 903 would eliminate this vital flexibility and infringe upon TSA's ability to immediately respond to evolving threats and to protect the traveling public.
This bill goes against Congress' intent by moving an entire agency into an antiquated 1940s system of title 5 of the U.S. Code. TSA will not be able to take emerging intelligence and quickly change security screening procedures at airports without unnecessary and dangerous delays due to the collective bargaining requirements of this bill.
Since 9/11, TSA has kept our Nation's transportation system secure. Airport screeners and Federal air marshals have responded time and time again to emerging threats.
For example, checkpoint screenings procedures were changed almost overnight in response to the liquid explosive plot in 2006 and the personal electronic device threat in 2017. Such immediate and agile responses will be severely hindered under H.R. 903. Security policies should not be subject to union bargaining.
In addition, TSA will no longer be able to easily remove employees who have committed serious misconduct. If a TSA screener is caught smuggling drugs or weapons, it will be nearly impossible for TSA to immediately terminate them due to the layers of bureaucracy in the title 5 system.
According to TSA, this bill will cost an astronomical amount of almost $8 billion over a 5-year period, and much of that money won't go to the frontline personnel. The amount of overhead costs associated with moving an entire agency to title 5 means that billions of dollars will be spent on the transition and will require the hiring of hundreds of new employees, not frontline workers who would be protecting the traveling public but, instead, bureaucrats who will facilitate this massive labor relations effort.
If we actually want to address the needs of frontline workers, we would focus on securing more funding for their pay. Instead, H.R. 903 will waste billions in taxpayer dollars to create more bureaucracy and provide even more money to headquarters and those who work there who already have a much higher salary than the dedicated frontline personnel.
I am extremely concerned that passing this bill would create a massive unfunded mandate that will ultimately divert critical funding from other important DHS priorities like border security, cybersecurity, and emergency response.
If my friends in the majority were truly focused on prioritizing and improving the pay of TSA frontline workers, rather than prioritizing and empowering the unions, they would support frontline pay raises without the expense and the unnecessary bureaucracy of title 5.
Unfortunately, the majority rejected an amendment by Ranking Member Katko at the markup that would have done just that--improve the pay of frontline screeners and air marshals, not the high-paid bureaucrats at headquarters, without all the waste that title 5 would provide.
I and many of my colleagues stand ready to raise pay for frontline workers, but I cannot in good conscience support a bill that is fiscally irresponsible, undermines our national security, hinders the agency's missions and flexibility, and prioritizes the interests of the unions over the interests of the dedicated frontline workforce and the traveling public.
Mr. Speaker, I urge my colleagues to oppose H.R. 903, and I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield such time as he may consume to the gentleman from New Jersey (Mr. Payne).
Mr. PAYNE. Mr. Speaker, I rise today in support of H.R. 903, the Transportation Security Administration Workforce Act of 2022.
This bill would provide the TSA workforce with opportunities to increase pay, engage in collective bargaining, and appeal disciplinary actions. It gives TSA workers the same workplace rights and protections as other Federal workers.
Currently, the TSA workforce suffers from low employee morale and high turnover. This bill would allow the TSA to better recruit and retain high-skilled workers.
Most importantly for me, it gives a COVID-19 hazard bonus pay to employees who had substantial contact with the public during the initial pandemic, and it gives them resources to keep them safe on the job.
This bill requires coordination between the Centers for Disease Control and Prevention with other leading medical agencies to provide TSA proper guidance on how best to protect its workforce. I have been a strong supporter of more protections and benefits for our critical TSA workforce.
The chairman made it clear early on in my arrival here in Congress that this issue needed to be addressed. So, I introduced a bill, the Hazardous Duty Pay for Frontline Federal Workers Act, to give this hazard bonus to TSA workers during the pandemic.
In addition, I helped pass the Rights for Transportation Security Officers Act to provide TSA workers full collective bargaining and whistleblower protection.
I cosponsored the Rights of the TSA Workforce Act to provide them the same protections as other Federal workers. I also supported President Biden's efforts to increase pay for TSA employees and hire more officers at airports.
TSA workers are critical to the safety of American passengers, our transportation network, and our Nation. We need to make sure they get the same rights and protections they deserve to keep us safe and continue to keep our Nation safe for the traveling public.
Mr. Speaker, I don't understand why this one group of Federal workers has been pointed out not to deserve the same rights every other Federal worker has in their position. It makes no sense.
For whatever reason that it was not initially there, it is time for them to be brought into the system that the rest of our workforce is protected by.
I would like to respond to my colleague's argument that TSA should not move to title 5 because the system is somehow antiquated or imperfect. I understand that the prior administration stood up the blue-ribbon panel that recommended against moving the TSA workforce to title 5, arguing that it would deny the Administrator the flexibility to make TSA's personnel system better. Is it worth noting that the blue-ribbon panel did not include a single labor representative or expert with a labor background? This omission is very telling.
The truth of the matter is, title 5 offers structured rules for pay, raises, bonuses, collective bargaining rights, disciplinary actions, and grievances that TSA currently lacks in the system. Why? Why should they be omitted?
Title 5 is time-tested and has been developed and tweaked carefully over the decades. While not a perfect system, title 5 is significantly better than TSA's current system in which TSA makes up its own rules as it goes along.
TSA has had more than 20 years to develop a system that delivers better benefits, protections, and compensation than title 5, and it couldn't do it. How much longer should they wait?
Notably, even the TSA Blue Ribbon Panel recognized that TSA has only used its statutory authorities to benefit management and not the frontline workers.
That said, I am pleased to hear interest from my colleagues in improving title 5. I would be happy to work with them in a bipartisan way to address the issues for workers across the Federal Government.
In the meantime, we should put TSA under the time-tested system that has worked so well for most Federal workers.
{time} 1245
Mr. GUEST. Mr. Speaker, I yield such time as he may consume to the gentleman from New York (Mr. Katko).
Mr. KATKO. Mr. Speaker, I rise today in opposition to H.R. 903, the Rights for the TSA Workforce Act of 2022.
Let me be clear: I strongly and emphatically support increasing funding for the frontline TSA workforce. I strongly support funding for them. They have been severely underpaid for far too long.
In fact, Mr. Speaker, there is a blue-ribbon panel that came out, that my colleague referenced, that recommended against moving them to the title 5 workforce. That blue-ribbon panel, to correct the Record, included the chief human capital officer for the Department of Homeland Security under former President Obama. One of the top men at the Department of Homeland Security for President Obama was part of a blue-
ribbon panel that recommended against that.
Even with that recommendation, I am so sick and tired of these frontline workers not getting their proper pay that I was willing to move title 5 funding for them. This bill doesn't do that. This bill goes far beyond that.
Bureaucrats that are sitting in offices nowhere near the front lines, that are not exposed to COVID on a daily basis, that aren't fishing live, loaded guns out of handbags, and subject to all kinds of abuse by the traveling public, are going to get title 5 status, and they get paid a hell of a lot more.
Why? Why do we need that? That is a question, and that is a problem I have with this bill.
The men and women protecting America's transportation systems every day deserve to be compensated fairly for the critical security mission they fulfill.
Unfortunately, despite robust efforts to improve this legislation in markup, and limited to the terms I articulated, my fellow committee members and I on the Republican side were not granted the adoption of a single proposed amendment.
Among the improvements we suggested were quite simply an amendment to limit the scope of the bill exclusively to the frontline TSA workforce, the men and women who really need better pay, rather than already high-
paid TSA headquarter personnel.
I am telling you on the record today, if the bill was limited to just them, I would support it. Why do we have to make it for everyone else? 60,000 people. Why? It makes no sense.
Our proposed amendments also sought to grant increased pay directly to the front line, without the need for cumbersome and costly bureaucratic conversion to title 5.
Uncharacteristically, the message from the majority was clear: Take it or leave it. That is very uncharacteristic, because the chairman and I enjoy a very good working relationship. For that reason, though, I am unable to support the legislation in its current form.
With that said, however, I do hope to work in a bipartisan manner to secure much-needed funding increases for TSA in order to lift pay and benefits for the frontline screener workforce as well as procure cutting-edge technologies to address evolving threats to aviation security.
I am pleased to see dedicated funding for significant screener pay increases in this year's budget request to Congress. I stand ready to work with my colleagues on both sides of the aisle to engage our colleagues on the House Appropriations Committee in an effort to secure funding for transportation security officer pay.
I include in the Record a letter to our friends and colleagues on the Appropriations Committee outlining just that.
Congress of the United States,
Washington, DC, May 12, 2022. Hon. Lucille Roybal-Allard, Chair, Subcommittee on Homeland Security, Committee on
Appropriations, Washington, DC. Hon. Chuck Fleischmann, Ranking Member, Subcommittee on Homeland Security, Committee on Appropriations, Washington, DC.
Dear Chair Roybal-Allard and Ranking Member Fleischmann: Thank you for your continued work to support the mission of the Department of Homeland Security (DHS) and protect our Nation from a litany of evolving threats. As the House considers H.R. 903, the Rights for the TSA Workforce Act of 2022, I wanted to follow up on my previous letter dated April 28, 2022, related to homeland security funding priorities.
The FY23 President's Budget requests funding for increased pay for the Transportation Security Administration (TSA) front-line workforce. As I've said many times during my years in Congress, TSA has not paid these dedicated employees a salary that is commensurate to the security they're providing to the traveling public.
Additionally, I have long raised concerns that TSA has not fully utilized the flexibility that Congress provided in the Aviation and Transportation Security Act (ATSA, Public Law 107-71). The bipartisan Blue-Ribbon Panel on Human Capital Service Delivery found that the TSA Administrator currently has the flexibility under ATSA to pay employees more than he could if the agency was moved to title 5, U.S. Code. This is an issue of funding, not authority.
The cost to the taxpayer of funding a major overhaul of TSA's entire personnel system, converting the agency to the General Schedule, and hiring hundreds of new employees to manage and negotiate these changes is far greater than the cost of simply giving the frontline workforce a well-deserved pay increase. As it currently stands, H.R. 903 creates a massive and unfunded mandate that could jeopardize other homeland security priorities such as border security and cybersecurity if enacted as written.
I encourage you to consider including funding in the FY23 Homeland Security Appropriations Bill to increase the pay of the TSA front-line workforce. TSA plays a fundamental role in protecting the traveling public and facilitating the safe flow of commerce throughout the country.
Thank you for your time and consideration of this request.
Sincerely,
John Katko,
Member of Congress.
Mr. KATKO. Mr. Speaker, I thank my friend and colleague, the vice ranking member of the Homeland Security Committee, Representative Guest, for his leadership on this issue.
I also thank my colleagues on the other side of the aisle for engaging in conversations, even when we disagree on policy. But here I really feel that the bill in its current form will go over to the Senate, and it will be dead on arrival. That serves nobody. No one wins in that, and certainly the frontline workers don't win.
If we could get a more bipartisan bill, with a lot more of us that want to be on this and want to help the frontline workers, I think we would have a better product and we could put more pressure on the Senate to do their job.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am glad to see my colleague, the ranking member. But let me just correct him on his correction of the gentleman from New Jersey. A person that works in the Department of Homeland Security is not a labor representative. The labor representative that Mr. Payne referenced is an organized labor representative with the AFL-CIO.
The other thing my ranking member can do, he will have a chance to vote on the President's budget. The raise for the employees is in the budget. I look forward to that opportunity presenting itself. Our TSOs need a raise. If we don't, the gymnastics here on the floor doesn't pay rent, doesn't pay mortgage, doesn't pay tuition, doesn't even buy groceries.
So at the end of the day, let's give these good folks who do a good job an honest day's pay for an honest day's work. That is the spirit in which this legislation is put forward.
Mr. Speaker, I yield 5 minutes to the gentlewoman from Texas (Ms. Jackson Lee), a senior member of the Homeland Security Committee.
Ms. JACKSON LEE. Mr. Speaker, I thank the chairman of this committee and the ranking member on the floor, and let me express my appreciation for his acknowledgment and recognition that we should do something. I know he wants to do something. I am going to try to encourage him to do something to alter his position and to stand with this legislation.
I want to take a moment to present tribute and accolades, as should be, though he never asked for such, to our chairman. I cannot remember a day that he did not gather us to meet with the transportation security officers, the American Federation of Government Employees, and others, over a decade maybe, as I chaired the Transportation Security Committee of the Homeland Security Committee, where he has not worked without ceasing, we have not joined him without ceasing, to be able to rectify this injustice. That is what it is. It is a plain and simple injustice.
I stand on this floor, in the name of Gerardo Hernandez, from the Los Angeles airport, who died in the line of duty as a TSA officer. We met his family. We mourn with them. We mourn with those who suffer.
We mourn with those who lost their lives in the pandemic, front line, really front line, because before this was even diagnosed, there were COVID patients or COVID-infected persons going through airports, and our TSOs had no experience, protection, and they were becoming infected by the dozens, and many died.
So breaking news today. This is a breaking news story. This legislation now comes to remedy and solve the problem we have needed to fix, really since 9/11 and the creation of the Department of Homeland Security.
Specifically, the bill within 180 days eliminates personnel authorities of the Department of Homeland Security and the Department of Transportation governing the conditions of employment of TSA employees, thus making TSA employees subject to the personnel management system applicable to other Federal employees.
Justice, fairness, the removal of injustice, sets forth transition rules that protect the pay rates, leave rights and other rights of TSA employees, and requires DHS to consult with the labor organizations certified by the Federal Labor Relations Authority to carry out the conversion of such positions.
Let me be very clear: Those persons sitting at desks may wind up in some airport in the midst of crisis. How do I know? During Hurricane Harvey, tens upon tens of TSA and TSO officers flew into Houston because our officers were desperate, suffering from this catastrophic flood and rain.
So it should be across the board. It is fair. It should be no different from other Federal employees. The bill directs the TSA to consult with public and private entities associated with the Federal air marshals to address concerns regarding Federal air marshals, including mental health and suicide rates. Absolutely imperative.
I went to the office of the Federal air marshals when they were under stress, and they thought that they were imploding. The atmosphere of flying, the hours, and the lack of sensitivity of those hours, drove mental health cases among the Federal air marshals. We went to tell them that they were important and that we were going to work on this.
How long must we wait? This bill prohibits TSA employees from using or installing the social media video application TikTok on U.S. Government-issued mobile devices, cleaning things up; requires DHS to prioritize the hiring of veterans, including disabled veterans; and directs the TSA to ensure its employees are provided proper guidance regarding prevention and protections against the coronavirus.
But what it also does is retention. Do you know how much rotation goes on with these TSOs? We bring them in young. Every time I go to airports across America, they are the ones that I stop and talk to.
``How long have you been here?'' I applaud them when they say: ``We came in one year after.'' ``We came in the same year.'' I say: ``You are lifers. Thank you for your service.''
We try to encourage younger persons to understand that they are on the front lines saving lives, because as our chairman said, every day they are picking up guns and various other things that can be a danger to the traveling public. It is crucial that we recognize this.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield an additional 1 minute to the gentlewoman from Texas.
Ms. JACKSON LEE. Mr. Speaker, I acknowledge, again, the shooting incident of Gerardo Hernandez, who became the first officer killed in the line of duty. There was the machete attack at the Louis Armstrong New Orleans International Airport that resulted in injury to Senior Transportation Security Officer Carol Richel.
This bill represents longstanding priority. It is breaking news. I stand with TSOs, and I stand with the TSA. It is long overdue. They saved us after 9/11. They came in and stood in the gap. We must fix the morale. We must get rid of the allegation of mismanagement and wasteful procedures, retaliation against whistleblowers, low morale, and security gaps within the agency. This will do that.
So I ask my colleagues to support it. I am on the Budget Committee, and it is paid for. This is going to be the pathway of professionalism at the airport, saving lives, protecting the public, and ensuring that we have a professional, young, and growing team that is going to be part of America's front lines. I ask my colleagues to support it.
Mr. Speaker, I rise in strong support of H.R. 903, Rights for the TSA Workforce Act, which bill modifies the workplace rights, protections, and benefits applicable to Transportation Security Administration (TSA) personnel.
Specifically, the bill:
Within 180 days, eliminates personnel authorities of the Department of Homeland Security (DHS) and theDepartment of Transportation governing the conditions of employment for TSA employees, thus making TSA employees subject to the personnel management system applicable to other federal employees;
Sets forth transition rules that protect the pay rates, leave rights, and other rights of TSA employees; and
Requires DHS to consult with the labor organization certified by the Federal Labor Relations Authority to carry out the conversion of such positions.
The bill also:
Directs the TSA to consult with public and private entities associated with the Federal Air Marshal Service to address concerns regarding federal air marshals, including mental health and suicide rates;
Prohibits TSA employees from using or installing the social media video application TikTok on U.S.government-issued mobile devices;
Requires DHS to prioritize the hiring of veterans, including disabled veterans; and
Directs the TSA to ensure its employees are provided proper guidance regarding prevention and protections against the coronavirus (i.e., the virus that causes COVID-19).
I view the work of the TSA as vital to our Nation's homeland security.
The agency mission is to protect the Nation's transportation systems to ensure freedom of movement for people and commerce.
The Committee on Homeland Security provides the needed policy guidance and funding to ensure that the TSA has what it needs to create and sustain the most effective transportation security as a high performing counterterrorism organization.
The work of the TSA is a front-line Department of Homeland Security and it is not easy--it can, in fact, be very dangerous.
Like many of my colleagues, I recall the shooting incident at LAX that killed Gerardo Hernandez, who became the first TSA officer killed in the line of duty; and the machete attack at the Louis Armstrong New Orleans International Airport that resulted in injuries to Senior Transportation Security Officer Carol Richel.
These incidents only highlight the difficult work that the men and women of the TSA must perform each day to keep our Nation's airports and flights safe.
The bill represents a longstanding priority, since the time I chaired the Homeland Security Committee Subcommittee on Transportation Security to extend to TSA employees the same rights and protections afforded to all federal government employees. The legislation curtails TSA's broad authorities to create and control its personnel systems, instead requiring TSA to abide by the provisions of title 5 which regulate personnel systems for most Federal agencies.
The bill would provide TSA employees with the workforce protections and benefits available to most other Federal workers.
The bill sets forth transition rules to protect the rate of pay and other rights of TSA employees during a transition to title 5.
The bill also requires the Secretary of Homeland Security to consult with the appropriate labor organizations to carry out the transition. This bill does not affect prohibitions against disloyalty and asserting the right to strike against the federal government.
The bill also extends the timeline for the transition from 60 days to a more realistic 180 days, and it contains language to protect employees with grievances or disciplinary actions pending during the transition.
Following terrorist attacks of September 11, 2001, there was urgency to have a whole of government response to secure the Nation's commercial aviation.
On that day, nearly 3,000 people were killed in a series of coordinated terrorist attacks in New York, Pennsylvania, and Virginia.
The attacks resulted in the creation of the Transportation Security Administration, which was designed to prevent similar attacks in the future by removing the responsibility for transportation security from private entities.
The Aviation and Transportation Security Act, passed by the 107th Congress and signed on November 19, 2001, established TSA just 2 months following the September 11, 2001 attacks.
The urgent need to provide a response to the available security threat was facing meant that much of the work to provide administrative structure and integration measures that would have woven in the civil service protections now be added did not occur at that time.
The urgency of establishing TSA created another type of federal employee with no job security, worker rights, and ability to advance within the federal workforce.
The consequences of these shortcomings is high turnover, low morale, and higher costs for training and retaining personnel that is undermining the security we need for air travelers.
It is past time to make the changes provided by H.R. 1140, so the TSA workforce is treated equally to other federal employees with the power to advance and expand their opportunities as government employees.
Allegations about mismanagement, wasteful procedures, retaliation against whistleblowers, low morale, and security gaps within the Agency are causes for concern.
TSA has consistently struggled with low morale across the workforce, ranking 303 out of 305 government agencies in 2016.
Low morale has a nexus to the high turnover rate within the ranks of Transportation Security Officers (TSOs).
TSOs represent 70 percent of the TSA workforce, yet have been denied full collective bargaining rights, whistleblower protections, and opportunities to effectively raise issues in dispute to an independent third party, such as the Merit Systems Protection Board.
Additionally, TSOs are subject to a pay and performance system that does not track with the General Services (GS) wage system, the primary wage system for Federal workers.
In order to move the workforce forward and see the necessary changes envisioned, it is imperative for TSA's frontline personnel receive these critical protections.
This is an essential bill that must be sent to the President's desk because it will strengthen transportation security by removing barriers that are undermining retention and professional development at the TSA.
I ask that my colleagues join me in voting in favor of HR. 903.
Thank you.
Mr. GUEST. Mr. Speaker, I yield such time as he may consume to the gentleman from Texas (Mr. Gooden).
Mr. GOODEN OF Texas. Mr. Speaker, I thank my colleague from Texas for stating so eloquently what I and I believe everyone in this Chamber agrees with, and that is that the TSA agents, the men and women who work for the American people at the airport, are protecting our Nation.
They are on the front lines, which is why I am rising today to urge my colleagues to do something very simple, and that is to protect Americans from terrorists and dangerous criminals when they fly and to assist the TSA by taking away a very dangerous policy that they have enacted from the top that they are encouraging and forcing these agents on the front lines to deal with. That policy is one of allowing illegal aliens onto commercial aircraft without proper identification.
It was confirmed to me from the TSA administrator that migrants are allowed to use arrest warrants and warrants for deportation to board flights alongside everyday travelers. This was confirmed to me before Christmas last year. Despite my demands and those of many of my colleagues, the Biden administration has done nothing to stop this. Anyone in this country illegally, or with a warrant for arrest, should be detained and brought before a judge, not permitted to travel to the city of their choice.
This should be a commonsense request. I will remind my colleagues that the TSA was created in response to the September 11 attacks, but it seems as if we have forgotten that. The lax policies by the TSA that allow unvetted aliens to board flights without identification presents a serious national security threat each and every day and jeopardizes the lives of the American people.
My constituents, and I would venture to argue those of my colleagues, perhaps some of my open border friends across the aisle, would agree that our constituents deserve to fly in a safe aircraft.
{time} 1300
My constituents have to pull out an ID to board a flight, but this TSA has said that if you have an arrest warrant, that is good enough to get through security. I think that is crazy, and I think the American people do as well. I introduced this motion to recommit to protect our skies, verify the identity of travelers, and notify law enforcement if someone is in our country illegally.
There is zero excuse to delay when the ongoing border crisis is putting every single community in our Nation at risk. In just 10 months, the Biden administration allowed over 45,000 noncitizens to fly without an ID, nearly 160 passengers each and every day. We also know this administration is allowing people on the terrorist watch list into our country, and we have no clue who is boarding these flights.
I urge my colleagues to protect our airways and prevent another tragedy like 9/11 from occurring by adopting this motion.
Mr. Speaker, if we adopt the motion to recommit, we will instruct the Committee on Homeland Security to consider my amendment to H.R. 903 to prohibit the TSA from accepting documents such as an arrest warrant or notice to appear as a valid form of identification. I ask unanimous consent to insert the text of the amendment in the Record immediately prior to the vote on the motion to recommit.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from Mississippi?
There was no objection.
The SPEAKER pro tempore. As a point of information, Mr. Thompson has 8 minutes remaining, and Mr. Guest has 18\1/2\ minutes remaining.
Mr. THOMPSON of Mississippi. Mr. Speaker, for the Record, title 5 will prevent the misconduct we have seen at TSA, such as senior managers awarding each other over $90,000 in bonuses.
Mr. Speaker, I reserve the balance of my time.
Mr. GUEST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I think it is clear that all Republicans support increasing the pay of our TSA frontline workers. We know that they are crucial to the security of our traveling public.
But this bill that we are here debating is not a bill that deals specifically with that. If that were the case, in markup Ranking Member Katko's amendment, an amendment that would have provided a $3,000 immediate salary increase to all frontline workers, 5 percent raise on top of that, year one; year 2, a 3 percent raise; year 3, a 3 percent raise; year 4, a 4 percent raise.
This bill that we are talking about today is a bill that is not just to increase pay, which we all agree on, but this is, instead, a labor bill. This is, instead, an attempt to unionize an entire Federal agency.
Mr. Payne spoke about that a little bit when he got up a few moments ago when he talked about the blue-ribbon committee that was established and said that there was not one labor leader on that committee. We shouldn't be putting labor leaders in the position of putting them on committees where we are talking about protecting the traveling public. That committee that he referred to, in 2019 TSA received a report from that bipartisan committee--and I stress that it was a bipartisan committee, the Blue Ribbon Panel Reviewing TSA Human Capital Service Delivery. The panel was composed of former officials from both Democratic and Republican administrations and included the chief human capital officer for DHS under former President Obama.
It says that they strongly--not just recommended, but they strongly recommended against moving TSA personnel under title 5, and then this is a quote directly from that report, and it says here, ``One recommendation the panel heard repeatedly from employees was moving TSA into the General Schedule (GS). The Panel does not agree. The General Schedule is a 70-year-old classification and compensation system from the last century and is the subject of countless studies and recommendations from good government organizations who consistently find it is too inflexible to meet the needs of the 21st century workforce. A better course of action is to use existing ATSA flexibility to improve the TSA pay system so that it operates at a level superior to the GS system.''
Those are not my words. Those are not the words of Republicans. Those are the words of a blue-ribbon committee which was established to study this very thing. Here we see that Congress is going to completely ignore the findings of that committee. We are going to ignore a committee made up of TSA workers, employees, personnel, and supervisors who served on a committee that was established to look at this very point, and we are going to completely ignore that.
We are going to now do exactly what this committee recommended against. And we are doing that not because we want to increase the pay of the frontline workers, which again we all agree on and we all support. We would support a bill today that would do that without putting everyone under title 5. But what this bill is, this is an attempt to unionize an entire Federal agency and a bill which would make the traveling public less safe.
Mr. Speaker, I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, for the Record, title 5 is not a union. It is a personnel system. It means that if you have rights as an employee of the Federal Government, you know what those rights are. That is not a union.
Now, for TSOs who voted to have a bargaining unit, and they chose the American Federation of Government Employees to be their bargaining unit, that is all. In America, people have choices. Our TSOs decided that they wanted to have union representation, which in America, in a democracy, is their right. I respect that right, and they have done it.
Now we have to treat them like all other Federal employees. That is just what this bill does. There is nothing else here. It just puts them under title 5 just like every other national security-related law enforcement agency, and we are in good shape, so they can pay their mortgages, they can pay their rent, they can do for their children like other Federal employees, plain and simple. Not a big deal.
Mr. Speaker, I yield 5 minutes to the gentleman from California (Mr. Correa), a subcommittee chairman of the Committee on Homeland Security.
Mr. CORREA. Mr. Speaker, I thank the chairman. I won't need 5 minutes because this is essentially commonsense legislation. I rise in strong support of this measure.
Title 5, unions. What is wrong with unions? Our Border Patrol officers are unionized. Our local police officers are unionized. Our local sheriffs are unionized, and countless other public safety officers are unionized.
TSA employees, 9/11. It has been more than 20 years, but people like me, I still remember 9/11. I still remember those pictures of firefighters and police officers, unionized, running into these burning buildings in New York City. Those officers and firefighters knew they were going to perish that day, but they ran in to save American lives.
We don't want another 9/11 to happen again. Heaven forbid. But this is what the TSA officers are all about, preventing another 9/11.
Every time I get on a plane, every time my family gets on a plane, you hope to God that those TSO officers, TSA officers do their jobs, make sure that nothing terrible gets on a flight, make sure that there is order, and you want that officer on that line, on that front line, to do their job correctly.
You want an experienced officer, you want an experienced officer who has been there for years. You don't want an officer who has been there a few months waiting for another job because that job doesn't pay him enough. You don't want that officer to look for another job because he is not trained correctly. You want a trained, professional workforce.
That is really what this measure is about, preventing another 9/11. How? Making sure that those frontline TSA workers, employees are prepared, trained, and know what they are doing. Commonsense legislation. I ask my colleagues to please support safety in the skies, safety for our families.
Mr. GUEST. Mr. Speaker, I yield myself the balance of my time to close.
Mr. Speaker, I close by thanking the men and women of TSA, especially the screeners, air marshals, and other frontline workers.
The debate we are having today does not impact the sincere appreciation we have for the tremendous job they do each and every day to secure the transportation system.
While we disagree on the best way forward, we all share the same goal of improving the pay and morale for TSA frontline workforce. It is important not only for the success of the agency but for the security of our Nation. Unfortunately, this bill is not the answer, and, therefore, I cannot support it.
Mr. Speaker, I urge my colleagues to oppose H.R. 903, and I yield back the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself the balance of my time to close.
Mr. Speaker, the policies with reference to flying on planes have remained consistent under successive administrations of both parties, including the Trump administration. These passengers have their identities verified through CBP and ICE and received enhanced screening. If the individuals are on the terrorist watch list and they are not U.S. citizens, they are transferred to ICE for title 8 processing and detention.
Mr. Speaker, I appreciate the robust debate we have had today for this legislation and amendments my colleagues will be offering that seek to improve the bill. But you can't spend thanks. If I told a TSO,
``Thank you for your service,'' almost to the person, they would say,
``Then give me a raise. Treat me like all other Federal employees.''
As our country emerges from what we hope is the worst of the COVID-19 pandemic, we cannot forget about the TSOs, air marshals, and others within TSA who never paused their work in service of our national security.
With estimates that the number of passengers who travel through airports in fiscal year 2023 will exceed prepandemic figures by 4.5 percent, we are again asking them to do more than ever and not pay them any additional money. Treat them like everybody else. Passage of this legislation will send a clear signal that we acknowledge their commitment and agree they deserve the compensation and workplace protection that reflects that.
In this country, you pay for what you get. Pay our TSOs what they deserve and treat them like all other Federal employees. A 30 percent increase is what this bill would do for our TSOs, and they deserve it. They have earned it. I thank my colleagues for their support and urge passage of H.R. 903.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Each further amendment printed in part B of House Report 117-320, not earlier considered as part of amendments en bloc pursuant to section 3 of House Resolution 1097, shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, may be withdrawn by the proponent at any time before the question is put thereon, shall not be subject to amendment, and shall not be subject to demand for division of the question.
It shall be in order at any time after debate for the chair of the Committee on Homeland Security or his designee to offer amendments en bloc consisting of further amendments printed in part B of House Report 117-320, not earlier disposed of. Amendments en bloc shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Homeland Security or their respective designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
{time} 1315
Amendments En Bloc Offered by Mr. Thompson of Mississippi
Mr. THOMPSON of Mississippi. Mr. Speaker, pursuant to section 3 of House Resolution 1097, I offer amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en bloc.
Amendments en bloc consisting of amendment Nos. 1, 2, 4, 6, 7, and 8, printed in part B of House Report 117-320, offered by Mr. Thompson of Mississippi:
Amendment No. 1 Offered by Ms. Tlaib of Michigan
Page 17, after line 3, insert the following:
(c) Review of Promotion Policies and Leadership Diversity.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the efforts of the TSA to ensure that recruitment, hiring, promotion, and advancement opportunities are equitable and provide for demographics among senior leadership that are reflective of the United States' workforce demographics writ large. Such report shall, to the extent possible, include an overview and analysis of the current demographics of TSA leadership and, as appropriate, recommendations to improve hiring and promotion procedures and diversity in leadership roles that may include recommendations for how TSA can better promote from within and retain and advance its workers.
Amendment No. 2 Offered by Ms. Tlaib of Michigan
Page 17, after line 3, insert the following:
(c) Review of Harassment and Assault Policies and Protections.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the efforts of the TSA to ensure the safety of its staff with regards to harassment and assault in the workplace, such as incidents of sexual harassment and violence and harassment and violence motivated by an individual's perceived race, ethnicity, religion, gender identity or sexuality, and including incidents where the alleged perpetrator or perpetrators are members of the general public. Such report shall include an overview and analysis of the current TSA policies and response procedures, a detailed description of if, when, and how these policies fail to adequately protect TSA personnel, and, as appropriate, recommendations for steps the TSA can take to better protect its employees from harassment and violence in their workplace. In conducting its review, the Comptroller General shall provide opportunities for TSA employees of all levels and positions, and unions and associations representing such employees, to submit comments, including in an anonymous form, and take those comments into account in its final recommendations.
Amendment No. 4 Offered by Mr. Gottheimer of New Jersey
Add at the end the following:
SEC. 14. STUDY ON FEASIBILITY OF COMMUTING BENEFITS.
Not later than 270 days after the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a feasibility study on allowing covered employees carrying out screening functions under section 44901 of title 49, United States Code, to treat as hours of employment time spent by such employees regularly traveling between airport parking lots and bus and transit stops and screening checkpoints before and after the regular work day. In conducting such study, the Administrator shall consider--
(1) the amount of time needed to travel to and from airport parking lots and bus and transit stops at representative airports of various sizes;
(2) the feasibility of using mobile phones and location data to allow employees to report their arrival to and departure from airport parking lots and bus and transit stops; and
(3) the estimated costs of providing such benefits.
Amendment No. 6 Offered by Mr. Mrvan of Indiana
Add at the end the following:
SEC. 14. BRIEFING ON ASSAULTS AND THREATS ON TSA EMPLOYEES.
Not later than 90 days after the date of the enactment of this Act, the Administrator shall brief the appropriate congressional committees regarding the following:
(1) Reports to the Administrator of instances of physical or verbal assault or threat made by a member of the general public against a covered employee engaged in carrying out screening functions under section 44901 of title 49, United States Code, since January 1, 2019.
(2) Procedures for reporting such assaults and threats, including information on how the Administrator communicates the availability of such procedures.
(3) Any steps taken by TSA to prevent and respond to such assaults and threats.
(4) Any related civil actions and criminal referrals made annually since January 1, 2019.
(5) Any additional authorities needed by the Administrator to better prevent or respond to such assaults and threats.
Amendment No. 7 Offered by Mr. Torres of New York
Add at the end the following:
SEC. 14. ANNUAL REPORTS ON TSA WORKFORCE.
Not later than one year after the date of the enactment of this Act and annually thereafter, the Administrator shall submit to the appropriate congressional committees a report that contains the following:
(1) An analysis of the Office of Personnel Management's Federal Employee Viewpoint Survey (FEVS) to determine job satisfaction rates of covered employees.
(2) Information relating to retention rates of covered employees at each airport, including transfers, in addition to aggregate retention rates of covered employees across the TSA workforce.
(3) Information relating to actions taken by the TSA intended to improve workforce morale and retention.
Amendment No. 8 Offered by Ms. Wexton of Virginia
Page 18, beginning line 1, insert the following:
(4) Equipment and training.
(5) Work schedules and shifts, including mandated periods of rest.
The SPEAKER pro tempore. Pursuant to House Resolution 1097, the gentleman from Mississippi (Mr. Thompson) and the gentleman from Mississippi (Mr. Guest) each will control 10 minutes.
The Chair recognizes the gentleman from Mississippi.
Mr. THOMPSON of Mississippi. Mr. Speaker, I rise in support of these amendments which seek to improve the work experiences of TSA employees, and I reserve the balance of my time.
Mr. GUEST. Mr. Speaker, I rise in opposition to the amendment. While I appreciate some of the issues my majority colleagues seek to address in this en bloc amendment, the bottom line is, there is nothing that will improve the bill or address the multiple concerns I have in it.
Nothing in this en bloc amendment will preserve TSA's flexible authority to implement immediate security procedures in the face of national security threats. Nothing in this en bloc will ensure that screeners who commit gross misconduct are immediately relieved of their duties. Nothing in this en bloc will protect the rest of the Department of Homeland Security from having its key mission areas--like border security, cybersecurity, and counterterrorism vetting--from being raided to pay for this massive unfunded mandate.
Therefore, I urge my colleagues to oppose this en bloc amendment, and I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 2 minutes to the gentlewoman from Michigan (Ms. Tlaib).
Ms. TLAIB. Mr. Speaker, I would begin by thanking Chairman Thompson and Chairwoman Maloney and, of course, the committee staff, for really working on these two important amendments that protect our Federal employees within the TSA.
My team and I are proud to have worked with many workers on the ground at our Detroit Metro Airport, one of the most busiest in the country, including Gregory Simpkins, as well as coworkers that met with me about these really important items. The amendments directly respond to issues that they brought to my attention, specifically on their lived experiences as TSA employees.
One major issue that we brought up in an amendment is that TSA is one of the most diverse Federal agencies in our country at its lower level, but its leadership is far less diverse and the agency has struggled with employee retention and promotions from within.
Thanks to the leadership of Chairman Thompson and others, our amendment takes a step towards addressing the issue by directing that we examine the current promotion policies and leadership diversity at the TSA and provide recommendations aimed at improving the diversity of TSA leadership, as well as strategies for how the TSA can better retain and promote current employees into leadership positions.
Mr. Speaker, another major issue brought up by many of the members of the Local 778 of AFGE specifically, was the shocking levels of harassment and violence experienced by TSA employees in their workplace. So we address it with an amendment before us that requires that we examine TSA's efforts right now to ensure the safety of its employees with regard to harassment and assault in the workplace, including incidents where the alleged perpetrator is a member of the general public, and develop recommendations of how TSA can better protect its employees.
This amendment would center its review process around employees themselves, documenting their experiences, getting the feedback to truly improve the safety of their workplace, and factor into it the final recommendations that we would hopefully bring to this body.
I urge my colleagues to truly make this is a safe place for many of our neighbors--many of them, again, working in these sometimes challenging experiences at the airports and at these ports.
Mr. Speaker, I urge my colleagues, again, to support these two commonsense amendments.
Mr. GUEST. Mr. Speaker, I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 2 minutes to the gentlewoman from Virginia (Ms. Wexton).
Ms. WEXTON. Mr. Speaker, the job of a Federal air marshal is exhausting and isolating.
Data from the Air Marshal Association show that air marshals are at high risk for extreme fatigue due to the long hours they spend on planes and their irregular sleep schedules. Many marshals also report mental health issues and a reliance on medications and alcohol to fall asleep.
Tragically, several marshals have died by suicide in the last decade, including three officers in the last 3 years who were assigned to the Washington, D.C., field office and served out of National Airport.
We here in Congress know firsthand how important it is to ensure that law enforcement officers have access to mental and peer support, and I am very glad H.R. 903 includes provisions that allow TSA to work with air marshals to address mental health and suicide rates.
My amendment simply ensures that work schedules, rest periods, equipment, and training are also a part of that conversation.
Mr. Speaker, I urge support for my amendment.
Mr. GUEST. Mr. Speaker, I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I support these amendments en bloc consisting of amendments from my colleagues from Michigan, Virginia, Indiana, New Jersey, and New York.
These amendments, like the entire bill, requires TSA to engage its workforce, hear employee concerns, and make improvements in the service of our homeland security.
As we have heard today, morale and retention at TSA are alarmingly low. This is even more alarming when considering the fact that TSA is a majority-minority workforce, with more than half its workers identifying as people of color. It is important that TSA employees have a safe workplace, free of harassment, and that agency leadership reflects the diversity of its workforce as well.
These amendments offer solutions to real problems faced by TSA employees, such as commuting challenges at airports, as they go about their critical mission to keep air travel secure for the American people.
I thank my colleagues for offering these amendments, and I urge the House to join me in supporting them.
Mr. Speaker, I yield back the balance of my time.
Mr. GUEST. Mr. Speaker, I urge my colleagues to oppose the amendments en bloc, and I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 1097, the previous question is ordered on the amendments en bloc offered by the gentleman from Mississippi (Mr. Thompson).
The question is on the amendments en bloc offered by the gentleman from Mississippi (Mr. Thompson).
The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it.
Mr. CLOUD. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question are postponed.
Amendment No. 3 Offered by Mrs. Cammack
The SPEAKER pro tempore. It is now in order to consider amendment No. 3 printed in part B of House Report 117-320.
Mrs. CAMMACK. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end the following:
SEC. 14. RULE OF CONSTRUCTION RELATING TO SCREENING
PROCEDURES AND REQUIREMENTS TO ADDRESS A
NATIONAL SECURITY OR PUBLIC SAFETY THREAT.
Nothing in this Act may be construed to limit the Administrator's authority to impose without delay new security screening procedures or requirements, or change, alter, or modify existing security screening procedures or requirements, to address a national security or public safety threat, as determined by the Administrator, without regard to collective bargaining under chapter 71 of title 5, United States Code.
The SPEAKER pro tempore. Pursuant to House Resolution 1097, the gentlewoman from Florida (Mrs. Cammack) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Florida.
Mrs. CAMMACK. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, my amendment is simple. It prioritizes national security at TSA. I have concerns about the underlying bill, including its expansion of collective bargaining that could put our national security at risk by subjecting new procedures or requirements imposed by the Administrator of the TSA to collective bargaining.
This amendment, like I said, is simple. It would just clarify that the Administrator of TSA is not limited in his or her ability to swiftly respond to national security and/or public safety threats under this bill.
Specifically, the amendment ensures that any procedures or requirements shall not be constrained by collective bargaining. The very nature of airport security requires that TSA remain agile and flexible to new and emerging threats. It is for this very reason that Congress exempted TSA from title 5 when it stood up the agency just two months after the terrorist attacks on
9/11.
It is imperative that the Administrator continues to have the authority to swiftly make these changes to ensure public safety in response to national security threats and risks. Now, this amendment would ensure that the Administrator does not have to negotiate with union representatives whenever changes would impact the TSA workforce regardless of the national security implications. It adds language that specifically preserves the Administrator's authority and exempts changes to security screening procedures from collective bargaining.
We all are exceptionally grateful and appreciative for the work that our TSA officers do and the national security service that they provide, which is exactly why we need this amendment to ensure our national security.
Mr. Speaker, I urge my colleagues on both sides of the aisle to support this clarifying amendment to ensure that national security threats are addressed immediately at TSA, their prime mission, and not let collective bargaining get in the way of our national security.
Mr. Speaker, I reserve the balance of my time.
Mr. CORREA. Mr. Speaker, I claim the time in opposition to the amendment.
The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
Mr. CORREA. Mr. Speaker, I rise in opposition to this amendment, which is unnecessary and failed on a bipartisan vote during the Committee on Homeland Security's markup of this bill.
Law enforcement across Federal Government, as well as State and local, have benefited from collective bargaining representation without any harm to national security. This amendment seeks to have TSA treated differently from other Department of Homeland Security components with union representation, like U.S. Customs and Border Protection.
This amendment is inconsistent with the goal of the underlying bill, which is to ensure that TSA workforce is treated like all other Federal employees--equally.
Further, this amendment is unnecessary because under section 7106 of title 5, the Administrator is already granted this power to, ``take whatever actions may be necessary to carry out the agency mission during emergencies.'' The same provision would preserve TSA's authority to hire, remove, or to assign work employees to fulfill an agency's mission.
So if the law is clear, why is this amendment being offered? The answer is simple. Many here want to avoid talking about the real issue, which is the need to improve compensation and benefits for frontline TSA workers. I would propose that an untrained, inexperienced frontline TSA worker is not good for our national security.
Collective bargaining adds to our national security. Unions like those representing CBP employees would protect the rights of dedicated TSA employees who have come to work without pay during the COVID-19 shutdowns.
If we as a society respect these workers, we will give them the right to collectively bargain and treat them like we should; that is, a trusted, professional workforce that protect us and our families on an everyday basis.
Mr. Speaker, I reserve the balance of my time.
Mrs. CAMMACK. Mr. Speaker, I yield 2 minutes to the distinguished gentleman from the great State of Mississippi (Mr. Guest).
{time} 1330
Mr. GUEST. Mr. Speaker, again, these arguments go to further what we talked about earlier. This bill is not about a pay increase for our frontline workers. This isn't a bill about protecting the traveling public. This is a bill about unionizing an entire Federal agency.
My friends across the aisle say that TSA already has the authority to do what Representative Cammack's amendment sets forth. What is the harm in putting that in the body of the legislation itself?
Should it not be clear to everyone who reads the legislation that collective bargaining should not hold up improvement to security? Should that not be made clear?
Should we not set forth that they already have that? What harm does it do in setting that forth again?
Again, we all want to see that our TSA frontline workers get the pay raise that they need and deserve. What we oppose on the Republican side is the complete unionization of this Federal agency.
I will tell you that this is a critical amendment to our national security. Historically, we look back, and when Congress stood up TSA in the wake of 9/11, they deliberately provided flexibility to the agency to deal with the evolving threats to our transportation system. It is imperative that the TSA Administrator maintain that authority to make immediate changes to screening procedures when addressing national security threats.
The amendment of my good friend from Florida simply preserves that authority and makes it clear that the Administrator has that authority and exempts security procedures from the collective bargaining process.
Without this critical amendment, security changes like those made in response to the 2006 liquid explosives or the 2017 personal electronic device plot could be significantly hampered or delayed if subject to collective bargaining. We simply cannot afford to put our national security on the bargaining table.
I thank the gentlewoman from Florida for leading this important issue, and I urge my colleagues to support it.
Mr. CORREA. Mr. Speaker, I reserve the balance of my time.
Mrs. CAMMACK. Mr. Speaker, I yield myself such time as I may consume.
I appreciate the commentary from my colleague and friend, Representative Guest from Mississippi. What is the harm of this amendment if what you say is true? If you believe that it is currently in place, why is the majority opposed to codifying it to ensure that national security remains the top priority?
It seems very simple to me. This is a simple amendment. This is not a partisan amendment. This should be an American, bipartisan amendment that we can all agree that national security comes first. That is the role of TSA.
My question and statement as I close is: Why not codify it? Why not accept this amendment?
I just feel that sometimes we are so hyperpartisan in this Chamber that we can't see the forest for the trees.
I urge my colleagues on both sides of the aisle to support and adopt this amendment.
Mr. Speaker, I yield back the balance of my time.
Mr. CORREA. Mr. Speaker, I yield myself the balance of my time.
I thank my colleagues from Florida and Mississippi for this good debate. Let me answer their question directly to the point. They talk about priorities, national security. But this amendment only applies to TSA employees. It doesn't apply to other Federal employees or other members of Homeland Security.
If this amendment was really about national security, you ought to have it apply to all Federal employees, not just TSA employees. That is why this is a red herring.
Bottom line, again, I am going to repeat: Section 7106 of title 5 grants to administrators of these agencies the power to ``take whatever actions may be necessary to carry out the agency mission during emergencies.''
Bottom line, this is an antiunion amendment. It is unnecessary and insulting to the dedicated professional employees of the Transportation Security Administration. TSA employees should not be treated differently from other Federal agency workers who have the right to collectively bargain.
Those advocating for this antiunion amendment forget that for the Border Patrol agents and the Bureau of Prisons employees who have similar security and screening functions, they are also unionized.
TSA itself has told us many times that this bill does not create security problems.
Mr. Speaker, I urge my colleagues to reject this amendment, just as my colleagues did when it was rejected in committee. I yield back the balance of my time.
The SPEAKER pro tempore. All time having expired, pursuant to House Resolution 1097, the previous question is ordered on the amendment offered by the gentlewoman from Florida (Mrs. Cammack).
The question is on the amendment offered by the gentlewoman from Florida (Mrs. Cammack).
The question was taken; and the Speaker pro tempore announced that the noes appeared to have it.
Mrs. CAMMACK. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question are postponed.
Amendment No. 5 Offered by Mr. Guest
The SPEAKER pro tempore. It is now in order to consider amendment No. 5 printed in part B of House Report 117-320.
Mr. GUEST. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end the following:
SEC. 14. SUNSET WITHOUT APPROPRIATIONS.
This Act and all requirements therein shall sunset at the end of fiscal year 2022 if sufficient funds have not been specifically appropriated to carry out this Act and such requirements.
The SPEAKER pro tempore. Pursuant to House Resolution 1097, the gentleman from Mississippi (Mr. Guest) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Mississippi.
Mr. GUEST. Mr. Speaker, I yield myself such time as I may consume.
My amendment would sunset the requirements of H.R. 903 at the end of fiscal year 2022 if Congress does not appropriate sufficient funds to carry out the bill.
With H.R. 903 having an estimated cost to taxpayers of nearly $2 billion, or $8 billion if you use TSA's own estimates, it is critical that the bill does not simply become an astronomical unfunded mandate.
This amendment will remove this bill's requirement to move TSA to title 5 if sufficient funding is not appropriated specifically for those requirements. This will protect other critical homeland security missions, like cybersecurity and border security, from being raided to pay for this legislation.
In TSA's feedback on H.R. 903, they explicitly stated this: Implementation of H.R. 903 ``without additional, adequate appropriations would have dire impacts upon the TSA mission and negatively impact national and economic security.''
Let me read that again. It said that without proper appropriations, it would have a dire impact ``upon the TSA mission and negatively impact national and economic security.'' That is from TSA itself.
Those are the words of the agency that we are looking at changing, and they are warning us. They are warning Congress that if we do this, and then we don't follow through with the funding, we are putting the traveling public at risk. If this is not clear enough, I don't know what is.
I urge all Members to support this fiscally responsible amendment, and I reserve the balance of my time.
Miss RICE of New York. Mr. Speaker, I claim the time in opposition to the amendment.
The SPEAKER pro tempore. The gentlewoman is recognized for 5 minutes.
Miss RICE of New York. Mr. Speaker, I rise in opposition to this amendment.
As was the case where my colleague offered this same idea during our committee markup, this amendment attempts to bring implementation of H.R. 903 to an abrupt halt if Congress fails to enact a Department of Homeland Security appropriations bill before the end of the fiscal year.
Plainly stated, this amendment would put in place an unrealistic condition for implementation of this act that funds be appropriated to carry out this act by the end of the fiscal year or else Transportation Security officers lose their rights.
Republicans already forced TSOs to work without pay for weeks on end when they shut down the government a few years ago. Under this amendment, if Republicans shut down the government again, TSOs would not just struggle to put food on the table; they would lose basic workplace rights, too. This is nothing more than a poison pill.
Congress should, as we all know, pass funding bills on time, but we have not passed full annual appropriations before the start of the fiscal year in 14 years. That is on us. It shouldn't be on TSO officers.
It is preposterous that finalizing fiscal year 2023 appropriations even 1 or 2 days late could cause workers to lose their collective bargaining rights, access to the Merit System Protection Board, and other protections.
Considering that we have bipartisan support for this bill in the House, including from 14 of my Republican colleagues, I am hopeful that after we enact this bill into law, we can work together to secure the necessary funding to fully implement it. If we encounter delays, we can work together to readjust timelines. We don't just throw in the towel on delivering fair and appropriate compensation benefits and protections to the TSA workforce, as this amendment would require.
The beleaguered frontline screener workforce should not be punished because Congress cannot do its job in a timely way.
I reserve the balance of my time.
Mr. GUEST. Mr. Speaker, I have no more speakers so I am prepared to close when the majority is prepared.
Mr. Speaker, I yield myself the balance of my time. In closing, I refer back to the words of TSA. These are not my words. These are not the words of the Republican caucus. These are the words of TSA, which was tasked with a critical mission, and the words of TSA are words that we should take into account when we are debating this amendment and debating this bill.
The words of TSA: Implementation of H.R. 903 ``without additional, adequate appropriations would have dire impacts upon the TSA mission and negatively impact national and economic security.''
This amendment is simple. If we are not going to fund this, we cannot put our national and economic security at risk, and this should be sunsetted.
I ask my colleagues to support this amendment, and I yield back the balance of my time.
Miss RICE of New York. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, this amendment represents a new frontier in legislative dysfunction. It hinges the rights of TSOs on Congress' ability to pass a completely different bill.
This is not serious legislating. It is a bad faith gimmick and unworthy of support. There is no justification for making the rights of the TSA workforce contingent on the broken annual appropriations process.
This amendment sends the message to the TSA workforce that their fundamental rights have an expiration date.
Mr. Speaker, I urge my colleagues to reject this amendment, just as my colleagues and I did when it was brought up in the committee.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. All time having expired, pursuant to House Resolution 1097, the previous question is ordered on the amendment offered by the gentleman from Mississippi (Mr. Guest).
The question is on the amendment offered by the gentleman from Mississippi (Mr. Guest).
The question was taken; and the Speaker pro tempore announced that the noes appeared to have it.
Mr. GUEST. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question are postponed.
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