II 

Calendar No. 614 

115TH CONGRESS 

2D SESSION S. 1896 

To amend section 8331 of title 5, United States Code, and the Fair Labor 

Standards Act of 1938 to clarify the treatment of availability pay for 

Federal air marshals and criminal investigators of the Transportation 

Security Administration, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28, 2017 

Mr. JOHNSON introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

OCTOBER 2 (legislative day, SEPTEMBER 28), 2018 

Reported by Mr. THUNE, with an amendment and an amendment to the title 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend section 8331 of title 5, United States Code, and 

the Fair Labor Standards Act of 1938 to clarify the 

treatment of availability pay for Federal air marshals 

and criminal investigators 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 ‘‘TSA LEAP Pay Re3 form Act of 2017’’. 

4 SEC. 2. RETIREMENT-CREDITABLE BASIC PAY. 

5 (a) DEFINITION OF BASIC PAY.—Clause (ii) of sec6 tion 8331(3)(E) of title 5, United States Code, is amended 

7 to read as follows: 

8 ‘‘(ii) received after September 11, 

9 2001, by a Federal air marshal or criminal 

10 investigator (as defined in section 

11 5545a(a)(2)) of the Transportation Secu12 rity Administration, subject to all restric13 tions and earning limitations imposed on 

14 criminal investigators receiving such pay 

15 under section 5545a, including the pre16 mium pay limitations under section 

17 5547;’’. 

18 (b) FAIR LABOR STANDARDS ACT EXEMPTION.— 

19 Section 13 of the Fair Labor Standards Act of 1938 (29 

20 U.S.C. 213) is amended— 

21 (1) in subsection (a)(16)— 

22 (A) by striking ‘‘is paid’’ and inserting ‘‘is 

23 entitled to’’; and 

24 (B) by inserting ‘‘, or a Federal air mar25 shal or criminal investigator employed by the 

26 Administrator of the Transportation Security 


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1 Administration who is entitled to such avail2 ability pay, as described in section 

3 8331(3)(E)(ii) of such title (where entitlement 

4 is determined before the application of any pre5 mium pay limitation)’’ before the semicolon; 

6 and 

7 (2) in subsection (b)(30)— 

8 (A) by striking ‘‘is paid’’ and inserting ‘‘is 

9 entitled to’’; and 

10 (B) by inserting ‘‘, or a Federal air mar11 shal or criminal investigator employed by the 

12 Administrator of the Transportation Security 

13 Administration who is entitled to such avail14 ability pay, as described in section 

15 8331(3)(E)(ii) of such title (where entitlement 

16 is determined before the application of any pre17 mium pay limitation)’’ before the period. 

18 (c) EFFECTIVE DATE; APPLICABILITY.— 

19 (1) IN GENERAL.—Subject to paragraph (2), 

20 this Act, and the amendments made by this Act, 

21 shall take effect on the first day of the first pay pe22 riod commencing on or after the date of enactment 

23 of this Act. 

24 (2) RETROACTIVE APPLICATION.— 


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1 (A) IN GENERAL.—Any availability pay re2 ceived for any pay period commencing before 

3 the date of enactment of this Act by a Federal 

4 air marshal or criminal investigator employed 

5 by the Transportation Security Administration 

6 shall be deemed basic pay under section 

7 8331(3) of title 5, United States Code, if the 

8 Transportation Security Administration treated 

9 such pay as retirement-creditable basic pay, but 

10 the Office of Personnel Management, based on 

11 an interpretation of section 8331(3) of title 5, 

12 United States Code, did not accept such pay as 

13 retirement-creditable basic pay. 

14 (B) IMPLEMENTATION.—Not later than 3 

15 months after the date of enactment of this Act, 

16 the Director of the Office of Personnel Manage17 ment shall commence taking such actions as are 

18 necessary to implement the amendments made 

19 by this section with respect to availability pay 

20 deemed to be basic pay under subparagraph 

21 (A). 

22 SECTION 1. SHORT TITLE. 

23 This Act may be cited as the ‘‘TSA LEAP Pay Reform 

24 Act of 2018’’. 


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1 SEC. 2. RETIREMENT-CREDITABLE BASIC PAY. 

2 (a) DEFINITION OF BASIC PAY.—Clause (ii) of section 

3 8331(3)(E) of title 5, United States Code, is amended to 

4 read as follows: 

5 ‘‘(ii) received after September 11, 2001, 

6 by a Federal air marshal or criminal inves7 tigator (as defined in section 5545a(a)(2)) 

8 of the Transportation Security Administra9 tion, subject to all restrictions and earning 

10 limitations imposed on criminal investiga11 tors receiving such pay under section 5545a, 

12 including the premium pay limitations 

13 under section 5547;’’. 

14 (b) EFFECTIVE DATE; APPLICABILITY.— 

15 (1) IN GENERAL.—Subject to paragraph (2), this 

16 Act, and the amendments made by this Act, shall take 

17 effect on the first day of the first pay period com18 mencing on or after the date of enactment of this Act. 

19 (2) RETROACTIVE APPLICATION.— 

20 (A) IN GENERAL.—Any availability pay re21 ceived for any pay period commencing before the 

22 date of enactment of this Act by a Federal air 

23 marshal or criminal investigator employed by 

24 the Transportation Security Administration 

25 shall be deemed basic pay under section 8331(3) 

26 of title 5, United States Code, if the TransporVerDate Sep 11 2014 21:33 Oct 02, 2018 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S1896.RS S1896

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1 tation Security Administration treated such pay 

2 as retirement-creditable basic pay, but the Office 

3 of Personnel Management, based on an interpre4 tation of section 8331(3) of title 5, United States 

5 Code, did not accept such pay as retirement6 creditable basic pay. 

7 (B) IMPLEMENTATION.—Not later than 3 

8 months after the date of enactment of this Act, 

9 the Director of the Office of Personnel Manage10 ment shall commence taking such actions as are 

11 necessary to implement the amendments made by 

12 this section with respect to availability pay 

13 deemed to be basic pay under subparagraph (A). 

Amend the title so as to read: ‘‘A bill to amend section 8331 of title 5, United States Code, to clarify the 

treatment of availability pay for Federal air marshals and 

criminal investigators of the Transportation Security Administration, and for other purposes.’’. 


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Calendar No. 614 

115TH CONGRESS 

2D SESSION S. 1896 

A BILL 

To amend section 8331 of title 5, United States 

O

and for other purposes. of the Transportation Security Administration, Federal air marshals and criminal investigators to clarify the treatment of availability pay for Code, and the Fair Labor Standards Act of 1938 

CTOBER 2 (legislative day, SEPTEMBER 28), 2018 

Reported with an amendment and an amendment to the 

title 


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