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116th Congress   }                                     {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                     {       116-411

======================================================================

 
  PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1140) TO ENHANCE THE 
 SECURITY OPERATIONS OF THE TRANSPORTATION SECURITY ADMINISTRATION AND 
  STABILITY OF THE TRANSPORTATION SECURITY WORKFORCE BY APPLYING THE 
PERSONNEL SYSTEM UNDER TITLE 5, UNITED STATES CODE, TO EMPLOYEES OF THE 
  TRANSPORTATION SECURITY ADMINISTRATION WHO PROVIDE SCREENING OF ALL 
    PASSENGERS AND PROPERTY, AND FOR OTHER PURPOSES; PROVIDING FOR 
     CONSIDERATION OF MOTIONS TO SUSPEND THE RULES; AND WAIVING A 
 REQUIREMENT OF CLAUSE 6(A) OF RULE XIII WITH RESPECT TO CONSIDERATION 
      OF CERTAIN RESOLUTIONS REPORTED FROM THE COMMITTEE ON RULES

                                _______
                                

   March 2, 2020.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Ms. Scanlon, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 877]

    The Committee on Rules, having had under consideration 
House Resolution 877, by a record vote of 7 to 2, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1140, the 
Rights for Transportation Security Officers Act of 2020, under 
a structured rule. The resolution provides one hour of general 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Homeland Security. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that the amendment in the 
nature of a substitute recommended by the Committee on Homeland 
Security now printed in the bill shall be considered as adopted 
and the bill, as amended, shall be considered as read. The 
resolution waives all points of order against provisions in the 
bill, as amended. The resolution makes in order only those 
amendments printed in this report. Each such amendment may be 
offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question in the 
House or in the Committee of the Whole. The resolution waives 
all points of order against the amendments printed in this 
report. The resolution provides one motion to recommit with or 
without instructions. The resolution provides that it shall be 
in order at any time on the legislative day of March 5, 2020, 
for the Speaker to entertain motions that the House suspend the 
rules as though under clause 1 of rule XV, relating to a 
measure making supplemental appropriations for the fiscal year 
ending September 30, 2020.
    The resolution waives the requirement of clause 6(a) of 
rule XIII for a two-thirds vote to consider a report from the 
Committee on Rules on the same day it is presented to the House 
with respect to any resolution reported through the legislative 
day of March 5, 2020, relating to a measure making supplemental 
appropriations for the fiscal year ending September 30, 2020.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill includes a waiver of clause 3(d)(1) of rule XIII, 
which requires the inclusion of a committee cost estimate in a 
committee report. A CBO cost estimate on H.R. 1140 was not 
available at the time the Committee on Homeland Security filed 
its report.
    Although the resolution waives all points of order against 
provisions in the bill, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 255

    Motion by Mr. Woodall to report an open rule. Defeated: 2-6

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................          Nay   Mr. Cole..........................  ............
Mrs. Torres.....................................  ............  Mr. Woodall.......................          Yea
Mr. Perlmutter..................................  ............  Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mrs. Lesko........................  ............
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Mr. DeSaulnier..................................  ............
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 256

    Motion by Ms. Scanlon to report the rule. Adopted: 7-2

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................          Yea   Mr. Cole..........................  ............
Mrs. Torres.....................................  ............  Mr. Woodall.......................          Nay
Mr. Perlmutter..................................          Yea   Mr. Burgess.......................          Nay
Mr. Raskin......................................          Yea   Mrs. Lesko........................  ............
Ms. Scanlon.....................................          Yea
Mr. Morelle.....................................          Yea
Ms. Shalala.....................................          Yea
Mr. DeSaulnier..................................  ............
Mr. McGovern, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

          SUMMARY OF THE AMENDMENTS TO H.R. 1140 MADE IN ORDER

    1. Gonzalez-Colon, Jenniffer (PR): Requires GAO to study 
rates of pay for Transportation Security Administration 
employees with duty stations in the territories, Alaska, and 
Hawaii with those in the contiguous 48 states based on pay 
systems. (10 minutes)
    2. Rose, Max (NY): States that nothing in this Act shall be 
construed as to contradict existing law regarding terrorism 
transcending national boundaries, harboring or concealing 
terrorists, or providing material support to terrorists. (10 
minutes)
    3. Underwood (IL), Hayes (CT): Ensures the Secretary 
continues to prevent the hiring of individuals for TSA who have 
been convicted of a sex crime, an offense involving a minor, a 
crime of violence, or terrorism. (10 minutes)
    4. Peters (CA), Moulton (MA), Rice, Kathleen (NY): Requires 
a GAO report to Congress within one year of enactment, studying 
TSA's recruitment efforts in general, and specifically efforts 
to recruit veterans and military families. The report will 
include recommendations to improve such recruitment efforts. 
(10 minutes)
    5. Brown (MD): Reaffirms that the Transportation Security 
Administration's workforce should be provided protections and 
benefits under Title 5 because of the critical role they play 
in securing the nation's transportation systems. (10 minutes)
    6. Kim (NJ): Directs the TSA Administrator to engage and 
consult with entities associated with the Federal Air Marshal 
Service to address concerns related to (but not limited to) 
mental health, suicide, morale, and recruitment. (10 minutes)
    7. Cisneros (CA): Requires the Secretary of Homeland 
Security to prioritize the hiring of veterans and related 
preference eligible individuals, including disabled veterans 
and widows or widowers of veterans, for positions within the 
Transportation Security Administration. (10 minutes)
    8. Spanberger (VA): Codifies the Administration's ban on 
TSA employees using or installing the Chinese-owned video app 
TikTok (or any successor application) on U.S. Government-issued 
mobile devices. (10 minutes)
    9. Schrier (WA): Would ensure the Administrator of TSA in 
coordination with the Director of CDC and NIAID shall ensure 
that TSA employees are provided the proper guidance regarding 
prevention and protections against coronavirus, including 
guidance and resources. (10 minutes)

             TEXT OF AMENDMENTS TO H.R. 1140 MADE IN ORDER

   1. An Amendment To Be Offered by Representative Gonzalez-Colon of 
         Puerto Rico or Her Designee, Debatable for 10 Minutes

  At the end of section 4, add the following:
  (c) GAO Study on TSA Pay Rates.--Not later than the date that 
is 9 months after the date of enactment of this Act, the 
Comptroller General shall submit a report to Congress on the 
differences in rates of pay, classified by pay system, between 
Transportation Security Administration employees--
          (1) with duty stations in the contiguous 48 States; 
        and
          (2) with duty stations outside of such States, 
        including those employees located in any territory or 
        possession of the United States.
                              ----------                              


2. An Amendment To Be Offered by Representative Rose of New York or His 
                   Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. 7. RULE OF CONSTRUCTION WITH RESPECT TO CERTAIN CRIMES RELATING TO 
                    TERRORISM.

  Nothing in this Act may be construed to contradict chapter 
113B of title 18, United States Code, including with respect 
to--
          (1) section 2332b (relating to acts of terrorism 
        transcending national boundaries);
          (2) section 2339 (relating to harboring or concealing 
        terrorists); and
          (3) section 2339A (relating to providing material 
        support to terrorists).
                              ----------                              


 3. An Amendment To Be Offered by Representative Underwood of Illinois 
               or Her Designee, Debatable for 10 Minutes

  Add at the end of section 4, add the following:
  (c) Rule of Construction.--During the transition period and 
after the conversion date, the Secretary shall ensure that the 
Transportation Security Administration continues to prevent the 
hiring of individuals who have been convicted of a sex crime, 
an offense involving a minor, a crime of violence, or 
terrorism.
                              ----------                              


4. An Amendment To Be Offered by Representative Peters of California or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. 7. REPORT BY GAO REGARDING TSA RECRUITMENT.

  Not later than one year after the date of the enactment of 
this Act, the Comptroller General of the United States shall 
submit to Congress a report on the efforts of the 
Transportation Security Administration regarding recruitment, 
including recruitment efforts relating to veterans and the 
dependents of veterans and members of the Armed Forces and the 
dependents of such members. Such report shall also include 
recommendations regarding how the Administration may improve 
such recruitment efforts.
                              ----------                              


 5. An Amendment To Be Offered by Representative Brown of Maryland or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. 7. SENSE OF CONGRESS.

  It is the sense of Congress that the Transportation Security 
Administration's personnel system provides insufficient 
benefits and workplace protections to the workforce that 
secures the nation's transportation systems and that the 
Transportation Security Administration's workforce should be 
provided protections and benefits under title 5, United States 
Code.
                              ----------                              


 6. An Amendment To Be Offered by Representative Kim of New Jersey or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. 7. ASSISTANCE FOR FEDERAL AIR MARSHAL SERVICE.

  The Administrator of the Transportation Security 
Administration shall engage and consult with public and private 
entities associated with the Federal Air Marshal Service to 
address concerns regarding Federal Air Marshals related to the 
following:
          (1) Mental health.
          (2) Suicide rates.
          (3) Morale and recruitment.
          (4) Any other personnel issues the Administrator 
        determines appropriate.
                              ----------                              


    7. An Amendment To Be Offered by Representative Cisneros Jr. of 
          California or His Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. 7. VETERANS HIRING.

  The Secretary shall prioritize the hiring of veterans, 
including disabled veterans, and other preference eligible 
individuals, including widows and widowers of veterans, as 
defined in section 2108 of title 5, United States Code, for 
covered positions.
                              ----------                              


8. An Amendment To Be Offered by Representative Spanberger of Virginia 
               or Her Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. 7. PROHIBITION ON CERTAIN SOCIAL MEDIA APPLICATION.

  Beginning on the date of the enactment of this Act, covered 
employees may not use or have installed on United States 
Government-issued mobile devices the social media video 
application known as ``TikTok'' or any successor application.
                              ----------                              


 9. An Amendment To Be Offered by Representative Schrier of Washington 
               or Her Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. 7. PREVENTION AND PROTECTION AGAINST CERTAIN ILLNESS.

  The Administrator of the Transportation Security 
Administration, in coordination with the Director of Centers 
for Disease Control and Prevention and the Director of the 
National Institute of Allergy and Infectious Diseases, shall 
ensure that covered employees are provided proper guidance 
regarding prevention and protections against coronavirus, 
including appropriate resources.

                                  [all]