II 

118TH CONGRESS 

2D SESSION S. 4334 

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, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 14, 2024 

Mr. SCHATZ (for himself, Mr. PETERS, Mr. CASEY, Mr. WARNOCK, Mr. 

HICKENLOOPER, Mr. CARPER, Mr. HEINRICH, Ms. HIRONO, Ms. KLOBUCHAR, Mr. SANDERS, Mr. FETTERMAN, Ms. STABENOW, Ms. CORTEZ

MASTO, Mr. KAINE, Ms. SMITH, Ms. ROSEN, Ms. DUCKWORTH, Mr. 

PADILLA, Mr. WYDEN, Mrs. SHAHEEN, Mr. BENNET, Ms. BUTLER, Mr. 

MERKLEY, Mr. DURBIN, Mr. TESTER, Mr. BLUMENTHAL, Mr. VAN HOLLEN, Ms. WARREN, Ms. HASSAN, and Mr. CARDIN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

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, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Rights for the Trans3 portation Security Administration Workforce Act of 

4 2024’’ or the ‘‘Rights for the TSA Workforce Act of 

5 2024’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

8 (1) the term ‘‘2022 Determination’’ means the 

9 publication, entitled ‘‘Determination on Transpor10 tation Security Officers and Collective Bargaining’’, 

11 issued on December 30, 2022, by Administrator 

12 David P. Pekoske, as modified, or any superseding 

13 subsequent determination; 

14 (2) the term ‘‘adjusted basic pay’’ means— 

15 (A) the rate of pay fixed by law or admin16 istrative action for a position occupied by a cov17 ered employee before any deductions; and 

18 (B) any regular, fixed supplemental pay19 ment for non-overtime hours of work creditable 

20 as basic pay for retirement purposes, including 

21 any applicable locality payment and any special 

22 rate supplement; 

23 (3) the term ‘‘Administration’’ means the 

24 Transportation Security Administration; 

25 (4) the term ‘‘Administrator’’ means the Ad26 ministrator of the Administration; 


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1 (5) the term ‘‘appropriate congressional com2 mittees’’ means— 

3 (A) the Committee on Commerce, Science, 

4 and Transportation of the Senate; 

5 (B) the Committee on Homeland Security 

6 and Governmental Affairs of the Senate; 

7 (C) the Committee on Homeland Security 

8 of the House of Representatives; and 

9 (D) the Committee on Oversight and Ac10 countability of the House of Representatives; 

11 (6) the term ‘‘conversion date’’ means the date 

12 on which subparagraphs (A) through (F) of section 

13 3(c)(1) take effect; 

14 (7) the term ‘‘covered employee’’ means an em15 ployee who occupies a covered position; 

16 (8) the term ‘‘covered position’’ means a posi17 tion within the Administration; 

18 (9) the term ‘‘employee’’ has the meaning given 

19 the term in section 2105 of title 5, United States 

20 Code; 

21 (10) the term ‘‘screening agent’’ means a full22 or part-time non-supervisory covered employee car23 rying out screening functions under section 44901 of 

24 title 49, United States Code; 


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1 (11) the term ‘‘Secretary’’ means the Secretary 

2 of Homeland Security; and 

3 (12) the term ‘‘TSA personnel management 

4 system’’ means any personnel management system 

5 established or modified under— 

6 (A) section 111(d) of the Aviation and 

7 Transportation Security Act (49 U.S.C. 44935 

8 note); or 

9 (B) section 114(n) of title 49, United 

10 States Code. 

11 SEC. 3. CONVERSION OF TSA PERSONNEL. 

12 (a) RESTRICTIONS ON CERTAIN PERSONNEL AU13 THORITIES.— 

14 (1) IN GENERAL.—Notwithstanding any other 

15 provision of law, effective as of the date of enact16 ment of this Act— 

17 (A) any TSA personnel management sys18 tem in use for covered employees and covered 

19 positions on the day before that date of enact20 ment, and any personnel management policy, 

21 letter, guideline, or directive of the Administra22 tion in effect on that day, may not be modified; 

23 (B) no personnel management policy, let24 ter, guideline, or directive of the Administration 

25 that was not established before that date issued 


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1 pursuant to section 111(d) of the Aviation and 

2 Transportation Security Act (49 U.S.C. 44935 

3 note) or section 114(n) of title 49, United 

4 States Code, may be established; and 

5 (C) any authority to establish or adjust a 

6 human resources management system under 

7 chapter 97 of title 5, United States Code, shall 

8 terminate with respect to covered employees 

9 and covered positions. 

10 (2) EXCEPTIONS.— 

11 (A) PAY.—Notwithstanding paragraph 

12 (1)(A), the limitation in that paragraph shall 

13 not apply to any personnel management policy, 

14 letter, guideline, or directive of the Administra15 tion relating to annual adjustments to pay 

16 schedules and locality-based comparability pay17 ments in order to maintain parity with those 

18 adjustments authorized under sections 5303, 

19 5304, 5304a, and 5318 of title 5, United States 

20 Code. 

21 (B) ADDITIONAL POLICY.—Notwith22 standing paragraph (1)(B), new personnel man23 agement policy of the Administration may be 

24 established if— 


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1 (i) that policy is needed to resolve a 

2 matter not specifically addressed in policy 

3 in effect on the date of enactment of this 

4 Act; and 

5 (ii) the Secretary provides that policy, 

6 with an explanation of the necessity of that 

7 policy, to the appropriate congressional 

8 committees not later than 7 days after the 

9 date on which the policy is issued. 

10 (C) EMERGING THREATS TO TRANSPOR11 TATION SECURITY DURING TRANSITION PE12 RIOD.— 

13 (i) IN GENERAL.—Notwithstanding 

14 paragraph (1), any personnel management 

15 policy, letter, guideline, or directive of the 

16 Administration relating to an emerging 

17 threat to transportation security, including 

18 national emergencies or disasters and pub19 lic health threats to transportation secu20 rity, may be modified or established until 

21 the conversion date. 

22 (ii) SUBMISSION TO CONGRESS.—Not 

23 later than 7 days after the date on which 

24 any personnel management policy, letter, 

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1 tion is modified or established under clause 

2 (i), the Secretary shall provide to the ap3 propriate congressional committees that es4 tablished or modified policy, letter, guide5 line, or directive, as applicable, which shall 

6 contain an explanation of the necessity of 

7 that establishment or modification. 

8 (b) PERSONNEL AUTHORITIES DURING TRANSITION

9 PERIOD.—Any TSA personnel management system in use 

10 for covered employees and covered positions on the day 

11 before the date of enactment of this Act, and any per12 sonnel management policy, letter, guideline, or directive 

13 of the Administration in effect on the day before the date 

14 of enactment of this Act, shall remain in effect until the 

15 conversion date. 

16 (c) TRANSITION TO TITLE 5.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), effective beginning on a date determined 

19 by the Secretary, but in no event later than Decem20 ber 31, 2024— 

21 (A) all TSA personnel management sys22 tems shall cease to be in effect; 

23 (B) section 114(n) of title 49, United 

24 States Code, is repealed; 


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1 (C) section 111(d) of the Aviation and 

2 Transportation Security Act (Public Law 107– 

3 71; 49 U.S.C. 44935 note) is repealed; 

4 (D) any personnel management policy, let5 ter, guideline, or directive of the Administra6 tion, including the 2022 Determination, shall 

7 cease to be effective; 

8 (E) any human resources management sys9 tem established or adjusted under chapter 97 of 

10 title 5, United States Code, with respect to cov11 ered employees or covered positions shall cease 

12 to be effective; and 

13 (F) covered employees and covered posi14 tions shall be subject to the provisions of title 

15 5, United States Code. 

16 (2) CHAPTERS 71 AND 77 OF TITLE 5.—Not 

17 later than 90 days after the date of enactment of 

18 this Act— 

19 (A) chapters 71 and 77 of title 5, United 

20 States Code, shall apply to covered employees 

21 carrying out screening functions pursuant to 

22 section 44901 of title 49, United States Code; 

23 and 

24 (B) any policy, letter, guideline, or direc25 tive issued under section 111(d) of the Aviation 


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1 and Transportation Security Act (49 U.S.C. 

2 44935 note) relating to matters otherwise cov3 ered by chapter 71 or 77 of title 5, United 

4 States Code, shall cease to be effective. 

5 (3) ASSISTANCE OF OTHER AGENCIES.—Not 

6 later than 180 days after the date of enactment of 

7 this Act, or December 31, 2024, whichever is ear8 lier— 

9 (A) the Director of the Office of Personnel 

10 Management shall establish a position series 

11 and classification standard for the positions of 

12 Transportation Security Officer, Federal air 

13 marshal, Transportation Security Inspector, 

14 and other positions requested by the Adminis15 trator; and 

16 (B) the National Finance Center of the 

17 Department of Agriculture shall make nec18 essary changes to Financial Management Serv19 ices and Human Resources Management Serv20 ices to ensure payroll, leave, and other per21 sonnel processing systems for covered employees 

22 are consistent with chapter 53 of title 5, United 

23 States Code, and provide functions as needed to 

24 implement this Act. 

25 (d) SAFEGUARDS ON GRIEVANCES AND APPEALS.— 


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1 (1) IN GENERAL.—Each covered employee with 

2 a grievance or appeal pending within the Adminis3 tration on the date of enactment of this Act or initi4 ated during the period described in subsection (c)(2) 

5 may have that grievance or appeal removed to pro6 ceedings pursuant to title 5, United States Code, or 

7 continued within the Administration. 

8 (2) AUTHORITY.—With respect to any griev9 ance or appeal continued within the Administration 

10 under paragraph (1), the Administrator may con11 sider and finally adjudicate that grievance or appeal 

12 notwithstanding any other provision of this Act. 

13 (3) PRESERVATION OF RIGHTS.—Notwith14 standing any other provision of law, any appeal or 

15 grievance continued under this subsection that is not 

16 finally adjudicated under paragraph (2) shall be pre17 served and all timelines tolled until the rights af18 forded by application of chapters 71 and 77 of title 

19 5, United States Code, are made available under 

20 subsection (c)(2). 

21 SEC. 4. TRANSITION RULES. 

22 (a) NONREDUCTION IN PAY AND COMPENSATION.— 

23 Under such pay conversion rules as the Secretary may pre24 scribe to carry out this Act, a covered employee converted 

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1 sions of title 5, United States Code, under section 

2 3(c)(1)(F)— 

3 (1) may not be subject to any reduction in ei4 ther the rate of adjusted basic pay payable or law 

5 enforcement availability pay payable to that covered 

6 employee; and 

7 (2) shall be credited for years of service in a 

8 specific pay band under a TSA personnel manage9 ment system as if the covered employee had served 

10 in an equivalent General Schedule position at the 

11 same grade, for purposes of determining the appro12 priate step within a grade at which to establish the 

13 converted rate of pay of the covered employee. 

14 (b) RETIREMENT PAY.— 

15 (1) IN GENERAL.—Not later than 90 days after 

16 the date of enactment of this Act, the Secretary 

17 shall submit to the appropriate congressional com18 mittees a proposal, including proposed legislative 

19 changes if needed, for determining the average rate 

20 of basic pay of any covered employee who retires not 

21 later than 3 years after the conversion date for pur22 poses of calculating the retirement annuity of the 

23 covered employee. 


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1 (2) REQUIREMENTS.—The proposal required 

2 under paragraph (1) shall be structured in a manner 

3 that— 

4 (A) is consistent with title 5, United States 

5 Code; and 

6 (B) appropriately accounts for the service 

7 of a covered employee to which the proposal ap8 plies, and the annual rate of basic pay of such 

9 a covered employee, following the conversion 

10 date. 

11 (c) LIMITATION ON PREMIUM PAY.— 

12 (1) IN GENERAL.—Notwithstanding section 

13 5547 of title 5, United States Code, or any other 

14 provision of law, a Federal air marshal or criminal 

15 investigator who is appointed to that position before 

16 the date of enactment of this Act may be eligible for 

17 premium pay up to the maximum level allowed by 

18 the Administrator before the date of enactment of 

19 this Act. 

20 (2) OPM RECOGNITION.—The Director of the 

21 Office of Personnel Management shall recognize pre22 mium pay paid pursuant to paragraph (1) as fully 

23 creditable for the purposes of calculating pay and re24 tirement benefits. 


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1 (d) PRESERVATION OF LAW ENFORCEMENT AVAIL2 ABILITY PAY AND OVERTIME PAY RATES FOR FEDERAL

3 AIR MARSHALS.— 

4 (1) LEAP.—Section 5545a of title 5, United 

5 States Code, is amended— 

6 (A) in subsection (a)(2), in the matter pre7 ceding subparagraph (A), by striking ‘‘sub8 section (k)’’ and inserting ‘‘subsection (l)’’; 

9 (B) by redesignating subsection (k) as sub10 section (l); and 

11 (C) by inserting after subsection (j) the 

12 following: 

13 ‘‘(k) The provisions of subsections (a) through (h) 

14 providing for availability pay shall apply to any Federal 

15 air marshal who is an employee of the Transportation Se16 curity Administration.’’. 

17 (2) OVERTIME.—Section 5542 of title 5, United 

18 States Code, is amended by adding at the end the 

19 following: 

20 ‘‘(i) Notwithstanding any other provision of law, a 

21 Federal air marshal who is an employee of the Transpor22 tation Security Administration shall receive overtime pay 

23 under this section, at such a rate and in such a manner 

24 so that such Federal air marshal does not receive less 

25 overtime pay than such Federal air marshal would receive 


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1 were that Federal air marshal subject to the overtime pay 

2 provisions of section 7 of the Fair Labor Standards Act 

3 of 1938 (29 U.S.C. 207).’’. 

4 (3) EFFECTIVE DATE.—The amendments made 

5 by paragraphs (1) and (2) shall apply beginning on 

6 the conversion date. 

7 (e) COLLECTIVE BARGAINING UNIT.—Notwith8 standing section 7112 of title 5, United States Code, fol9 lowing the application of chapter 71 of that title pursuant 

10 to section 3(c)(2) of this Act, screening agents shall re11 main eligible to form a collective bargaining unit. 

12 (f) PRESERVATION OF OTHER RIGHTS.—The Sec13 retary shall take any actions necessary to ensure that the 

14 following rights are preserved and available for each cov15 ered employee beginning on the conversion date, and for 

16 any covered employee appointed after the conversion date, 

17 and continue to remain available to covered employees 

18 after the conversion date: 

19 (1) Any annual leave, sick leave, or other paid 

20 leave accrued, accumulated, or otherwise available to 

21 a covered employee immediately before the conver22 sion date shall remain available to the covered em23 ployee until used, subject to any limitation on accu24 mulated leave under chapter 63 of title 5, United 

25 States Code. 


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1 (2) Part-time screening agents pay premiums 

2 under chapter 89 of title 5, United States Code, on 

3 the same basis as full-time covered employees. 

4 (3) Notwithstanding section 6329a of title 5, 

5 United States Code, covered employees are provided 

6 appropriate leave during national emergencies to as7 sist the covered employees and ensure the Adminis8 tration meets mission requirements. 

9 (4) Eligible screening agents receive a split-shift 

10 differential for regularly scheduled split-shift work 

11 as well as regularly scheduled overtime and irregular 

12 and occasional split-shift work. 

13 (5) Notwithstanding sections subsections (c), 

14 (e), and (f) of section 5754 of title 5, United States 

15 Code, eligible covered employees receive group reten16 tion incentives, as appropriate. 

17 SEC. 5. CONSULTATION REQUIREMENT. 

18 (a) EXCLUSIVE REPRESENTATIVE.— 

19 (1) IN GENERAL.— 

20 (A) APPLICATION.—Beginning on the date 

21 that chapter 71 of title 5, United States Code 

22 (referred to in this subsection as ‘‘chapter 71’’), 

23 begins to apply to covered employees under sec24 tion 3(c)(2), the labor organization certified by 

25 the Federal Labor Relations Authority on June 


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1 29, 2011, or any successor labor organization, 

2 shall be treated as the exclusive representative 

3 of screening agents and shall be the exclusive 

4 representative for screening agents under chap5 ter 71, with full rights under chapter 71. 

6 (B) RULE OF CONSTRUCTION.—Nothing in 

7 this subsection may be construed to prevent 

8 covered employees from selecting an exclusive 

9 representative other than the labor organization 

10 described in paragraph (1) for purposes of col11 lective bargaining under chapter 71. 

12 (2) NATIONAL LEVEL.— 

13 (A) IN GENERAL.—Notwithstanding any 

14 provision of chapter 71, collective bargaining 

15 for any unit of covered employees shall occur at 

16 the national level, but may be supplemented by 

17 local level bargaining and local level agreements 

18 in furtherance of elements of a national agree19 ment or on issues of any local unit of covered 

20 employees not otherwise covered by a national 

21 agreement. 

22 (B) MUTUAL CONSENT REQUIRED.—Local23 level bargaining and local-level agreements de24 scribed in subparagraph (A) shall occur only by 

25 mutual consent of the exclusive representative 


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1 of screening agents and the Federal Security 

2 Director (or a designee of such an official) of 

3 those screening agents. 

4 (3) CURRENT AGREEMENT.—Any collective bar5 gaining agreement covering such personnel in effect 

6 on the date of enactment of this Act shall remain in 

7 effect until a collective bargaining agreement is en8 tered into under chapter 71, unless the Adminis9 trator and exclusive representative mutually agree to 

10 revisions to such an agreement. 

11 (b) CONSULTATION PROCESS.— 

12 (1) IN GENERAL.—Not later than 7 days after 

13 the date of enactment of this Act, the Secretary 

14 shall consult with the exclusive representative for the 

15 screening agents described in subsection (a)(1) 

16 under chapter 71 of title 5, United States Code, on 

17 the formulation of plans and deadlines to carry out 

18 the conversion, under this Act, of those screening 

19 agents. 

20 (2) WRITTEN PLANS.—Before the date on 

21 which chapter 71 of title 5, United States Code, be22 gins to apply under section 3(c)(2), the Secretary 

23 shall provide (in writing) to the exclusive representa24 tive described in paragraph (1) the plans for how the 

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1 ered employees under this Act, including with re2 spect to such matters as— 

3 (A) the anticipated conversion date; and 

4 (B) measures to ensure compliance with 

5 sections 3 and 4. 

6 (c) REQUIRED AGENCY RESPONSE.—If any views or 

7 recommendations are presented under subsection (b) by 

8 the exclusive representative described in that subsection, 

9 the Secretary shall— 

10 (1) consider the views or recommendations be11 fore taking final action on any matter with respect 

12 to which the views or recommendations are pre13 sented; and 

14 (2) provide the exclusive representative a writ15 ten statement of the reasons for the final actions to 

16 be taken. 

17 SEC. 6. NO RIGHT TO STRIKE. 

18 Nothing in this Act may be considered— 

19 (1) to repeal or otherwise affect— 

20 (A) section 1918 of title 18, United States 

21 Code (relating to disloyalty and asserting the 

22 right to strike against the Government); or 

23 (B) section 7311 of title 5, United States 

24 Code (relating to loyalty and striking); or 


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1 (2) to otherwise authorize any activity that is 

2 not permitted under a provision of law described in 

3 subparagraph (A) or (B) of paragraph (1). 

4 SEC. 7. PROPOSAL ON HIRING AND CONTRACTING BACK5 GROUND CHECK REQUIREMENTS. 

6 Not later than 1 year after the date of enactment 

7 of this Act, the Secretary shall submit to the appropriate 

8 congressional committees a plan to harmonize and update, 

9 for the purposes of making appointments and for author10 izing or entering into any contract for service, the restric11 tions under section 70105(c) of title 46, United States 

12 Code, (relating to the issuance of transportation security 

13 cards) and section 44936 of title 49, United States Code, 

14 (relating to employment investigations and restrictions). 

15 SEC. 8. COMPTROLLER GENERAL REVIEWS. 

16 (a) REVIEW OF RECRUITMENT.— 

17 (1) IN GENERAL.—Not later than 1 year after 

18 the date of enactment of this Act, the Comptroller 

19 General of the United States shall submit to Con20 gress a report on the efforts of the Administration 

21 regarding recruitment, including recruitment efforts 

22 relating to veterans, the dependents of veterans, 

23 members of the Armed Forces, and the dependents 

24 of such members. 


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1 (2) RECRUITMENT.—The report required under 

2 paragraph (1) shall include recommendations re3 garding how the Administration may improve the re4 cruitment efforts described in that paragraph. 

5 (b) REVIEW OF IMPLEMENTATION.—The Comptroller 

6 General of the United States shall— 

7 (1) not later than 60 days after the conversion 

8 date, commence a review of the implementation of 

9 this Act; and 

10 (2) not later than 1 year after the conversion 

11 date, submit to Congress a report on the review con12 ducted under paragraph (1). 

13 (c) REVIEW OF PROMOTION POLICIES AND LEADER14 SHIP DIVERSITY.—Not later than 1 year after the date 

15 of enactment of this Act, the Comptroller General of the 

16 United States shall submit to Congress a report— 

17 (1) on the efforts of the Administration to en18 sure that recruitment, appointment, promotion, and 

19 advancement opportunities within the Administra20 tion are equitable and provide for demographics 

21 among senior leadership that are reflective of the 

22 workforce demographics of the United States; and 

23 (2) that, to the extent possible, includes— 

24 (A) an overview and analysis of the current 

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1 mitted) demographics of the leadership of the 

2 Administration; and 

3 (B) as appropriate, recommendations to 

4 improve appointment and promotion procedures 

5 and diversity in leadership roles, which may in6 clude recommendations for how the Administra7 tion can better promote from within the Admin8 istration and retain and advance covered em9 ployees. 

10 (d) REVIEW OF HARASSMENT AND ASSAULT POLI11 CIES AND PROTECTIONS.— 

12 (1) IN GENERAL.—Not later than 1 year after 

13 the date of enactment of this Act, the Comptroller 

14 General of the United States shall submit to Con15 gress a report on the efforts of the Administration 

16 to ensure the safety of the staff of the Administra17 tion with respect to harassment and assault in the 

18 workplace, such as incidents— 

19 (A) of sexual harassment and violence and 

20 harassment and violence motivated by the per21 ceived race, ethnicity, religion, gender identity, 

22 or sexuality of an individual; and 

23 (B) in which the alleged perpetrator is a 

24 member of the general public. 


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1 (2) INCLUSIONS.—The report required under 

2 paragraph (1) shall include— 

3 (A) an overview and analysis of the current 

4 (as of the date on which the report is sub5 mitted) policies and response procedures of the 

6 Administration; 

7 (B) a detailed description of if, when, and 

8 how the policies described in subparagraph (A) 

9 fail to adequately protect covered employees; 

10 and 

11 (C) as appropriate, recommendations for 

12 steps the Administration can take to better pro13 tect covered employees from harassment and vi14 olence in the workplace. 

15 (3) OPPORTUNITY FOR COMMENT.—In con16 ducting the review required under this subsection, 

17 the Comptroller General of the United States shall 

18 provide opportunities for covered employees of all 

19 levels and positions, and labor organizations and as20 sociations representing those covered employees, to 

21 submit comments, including in an anonymous form, 

22 and take those comments into account in the final 

23 recommendations of the Comptroller General. 

24 SEC. 9. SENSE OF CONGRESS. 

25 It is the sense of Congress that— 


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1 (1) TSA personnel management systems pro2 vide insufficient benefits and workplace protections 

3 to the workforce that secures the transportation sys4 tems of the United States; 

5 (2) covered employees should be provided pro6 tections and benefits under title 5, United States 

7 Code; and 

8 (3) the provision of the protections and benefits 

9 described in paragraph (2) should not result in a re10 duction of pay or benefits to current covered employ11 ees. 

12 SEC. 10. ASSISTANCE FOR FEDERAL AIR MARSHAL SERV13 ICE. 

14 The Administrator shall communicate with organiza15 tions representing a significant number of Federal air 

16 marshals, to the extent provided by law, to address con17 cerns regarding Federal Air Marshals related to the fol18 lowing: 

19 (1) Mental health. 

20 (2) Suicide rates. 

21 (3) Morale and recruitment. 

22 (4) Equipment and training. 

23 (5) Work schedules and shifts, including man24 dated periods of rest. 


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1 (6) Any other personnel issues the Adminis2 trator determines appropriate. 

3 SEC. 11. STUDY ON FEASIBILITY OF COMMUTING BENEFITS. 

4 (a) IN GENERAL.—Not later than 270 days after the 

5 date of enactment of this Act, the Administrator shall sub6 mit to the appropriate congressional committees a feasi7 bility study on allowing covered employees carrying out 

8 screening functions under section 44901 of title 49, 

9 United States Code, to treat as hours of employment time 

10 spent by those covered employees regularly traveling be11 tween parking lots and bus and transit stops of airports 

12 and screening checkpoints before and after the regular 

13 work day. 

14 (b) CONSIDERATIONS.—In conducting the study re15 quired under subsection (a), the Administrator shall con16 sider— 

17 (1) the amount of time needed to travel to and 

18 from parking lots and bus and transit stops of air19 ports at small hub airports, medium hub airports, 

20 and large hub airports, as those terms are defined 

21 in section 40102 of title 49, United States Code; 

22 (2) the feasibility of using mobile phones and 

23 location data to allow covered employees to report 

24 their arrival to and departure from parking lots and 

25 bus and transit stops of airports; and 


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1 (3) the estimated costs of treating the amount 

2 of time described in paragraph (1) as hours of em3 ployment time spent. 

4 SEC. 12. BRIEFING ON ASSAULTS AND THREATS ON TSA EM5 PLOYEES. 

6 Not later than 90 days after the date of enactment 

7 of this Act, the Administrator shall brief the appropriate 

8 congressional committees regarding the following: 

9 (1) Reports to the Administrator of instances of 

10 physical or verbal assaults or threats made by mem11 bers of the general public against screening agents 

12 since January 1, 2019. 

13 (2) Procedures for reporting the assaults and 

14 threats described in paragraph (1), including infor15 mation on how the Administrator communicates the 

16 availability of those procedures. 

17 (3) Any steps taken by the Administration to 

18 prevent and respond to the assaults and threats de19 scribed in paragraph (1). 

20 (4) Any related civil actions and criminal refer21 rals made annually since January 1, 2019. 

22 (5) Any additional authorities needed by the 

23 Administrator to better prevent or respond to the as24 saults and threats described in paragraph (1). 


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26 

•S 4334 IS

1 SEC. 13. ANNUAL REPORTS ON TSA WORKFORCE. 

2 Not later than 1 year after the date of enactment 

3 of this Act, and annually thereafter, the Administrator 

4 shall submit to the appropriate congressional committees 

5 a report that contains the following: 

6 (1) An analysis of the Federal Employee View7 point Survey of the Office of Personnel Management 

8 to determine job satisfaction rates of covered em9 ployees. 

10 (2) Information relating to retention rates of 

11 covered employees at each airport, including trans12 fers, in addition to aggregate retention rates of cov13 ered employees across the workforce of the Adminis14 tration. 

15 (3) Information relating to actions taken by the 

16 Administration intended to improve workforce mo17 rale and retention. 

18 SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 

19 There is authorized to be appropriated such sums as 

20 may be necessary, to remain available until expended, to 

21 carry out this Act and the amendments made by this Act. 

Æ 


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