IIB 
117TH CONGRESS 
2D SESSION 
H. R. 903 
IN THE SENATE OF THE UNITED STATES 
MAY 16, 2022 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To enhance the security operations of the Transportation 
Security Administration and stability of the transpor-
tation security workforce by applying the personnel sys-
tem under title 5, United States Code, to employees 
of the Transportation Security Administration, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Rights for the Trans-
portation 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 admin-
istrative action for the position held by a cov-
ered employee before any deductions; and 
(B) any regular, fixed supplemental pay-
ment 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 Ad-
ministrator of the Transportation Security Adminis-
tration; 
(3) the term ‘‘appropriate congressional com-
mittees’’ means the Committees on Homeland Secu-
rity and Oversight and Reform of the House of Rep-
resentatives and the Committees on Commerce, 
Science, and Transportation and Homeland Security 
and Governmental Affairs of the Senate; 
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(4) the term ‘‘at-risk employee’’ means a 
Transportation Security Officer, Federal Air Mar-
shal, canine handler, or any other employee of the 
Transportation Security Administration carrying out 
duties that require substantial contact with the pub-
lic during the COVID–19 national emergency; 
(5) the term ‘‘conversion date’’ means the date 
as of which subparagraphs (A) through (F) of sec-
tion 3(c)(1) take effect; 
(6) the term ‘‘covered employee’’ means an em-
ployee who holds a covered position; 
(7) the term ‘‘covered position’’ means a posi-
tion within the Transportation Security Administra-
tion; 
(8) the term ‘‘COVID–19 national emergency’’ 
means the national emergency declared by the Presi-
dent under the National Emergencies Act (50 
U.S.C. 1601 et seq.) on March 13, 2020, with re-
spect 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; 
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(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 Transpor-
tation 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 AU-
THORITIES.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, and except as provided in para-
graph (2), effective as of the date of the enactment 
of this Act— 
(A) any TSA personnel management sys-
tem in use for covered employees and covered 
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positions on the day before such date of enact-
ment, and any TSA personnel management pol-
icy, 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 estab-
lished before such date issued pursuant to sec-
tion 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 local-
ity-based comparability payments in order to 
maintain parity with such adjustments author-
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ized under section 5303, 5304, 5304a, and 
5318 of title 5, United States Code; and 
(B) 
ADDITIONAL
POLICY.—Notwith-
standing 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
TRANSPOR-
TATION
SECURITY
DURING
TRANSITION
PE-
RIOD.—Notwithstanding paragraph (1), any 
TSA personnel management policy, letter, 
guideline, or directive related to an emerging 
threat to transportation security, including na-
tional 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 appro-
priate congressional committees any modifica-
tion or establishment of such a TSA personnel 
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management policy, letter, guideline, or direc-
tive, with an explanation of its necessity, not 
later than 7 days of such modification or estab-
lishment. 
(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 direc-
tive 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 para-
graph (2), effective as of the date determined by the 
Secretary, but in no event later than December 31, 
2022— 
(A) the TSA personnel management sys-
tem 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; 
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(D) any TSA personnel management pol-
icy, letter, guideline, and directive, including the 
2019 Determination, shall cease to be effective; 
(E) any human resources management sys-
tem established or adjusted under chapter 97 of 
title 5, United States Code, with respect to cov-
ered employees or covered positions shall cease 
to be effective; and 
(F) covered employees and covered posi-
tions 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 em-
ployees carrying out screening functions pursu-
ant to section 44901 of title 49, United States 
Code; and 
(B) any policy, letter, guideline, or direc-
tive issued under section 111(d) of the Aviation 
and Transportation Security Act (49 U.S.C. 
44935 note) related to matters otherwise cov-
ered by such chapter 71 or 77 shall cease to be 
in effect. 
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(3) ASSISTANCE
OF
OTHER
AGENCIES.—Not 
later than 180 days after the date of enactment of 
this Act or December 31, 2022, whichever is ear-
lier— 
(A) the Office of Personnel Management 
shall establish a position series and classifica-
tion standard for the positions of Transpor-
tation Security Officer, Federal Air Marshal, 
Transportation Security Inspector, and other 
positions requested by the Administrator; and 
(B) the Department of Agriculture’s Na-
tional Finance Center shall make necessary 
changes to its Financial Management Services 
and Human Resources Management Services to 
ensure payroll, leave, and other personnel proc-
essing systems for TSA personnel are commen-
surate with chapter 53 of title 5, United States 
Code, and provide functions as needed to imple-
ment 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 re-
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moved to proceedings pursuant to title 5, United 
States Code, or continued within the TSA. 
(2) AUTHORITY.—With respect to any griev-
ance or appeal continued within the TSA pursuant 
to paragraph (1), the Administrator may consider 
and finally adjudicate such grievance or appeal not-
withstanding any other provision of this Act. 
(3) 
PRESERVATION
OF
RIGHTS.—Notwith-
standing 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 ei-
ther the rate of adjusted basic pay payable or law 
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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 manage-
ment 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 employ-
ee’s converted rate of pay. 
(b) RETIREMENT PAY.—Not later than 90 days after 
the date of enactment of this Act, the Secretary shall sub-
mit to the appropriate congressional committees a pro-
posal, including proposed legislative changes if needed, for 
determining a covered employee’s average pay for pur-
poses of calculating the employee’s retirement annuity, 
consistent with title 5, United States Code, for any cov-
ered employee who retires within three years of the conver-
sion 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.—Notwith-
standing section 5547 of title 5, United States Code, or 
any other provision of law, a Federal Air Marshal or crimi-
nal investigator hired prior to the date of enactment of 
this Act may be eligible for premium pay up to the max-
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imum level allowed by the Administrator prior to the date 
of enactment of this Act. The Office of Personnel Manage-
ment shall recognize such premium pay as fully creditable 
for the purposes of calculating pay and retirement bene-
fits. 
(d) PRESERVATION OF LAW ENFORCEMENT AVAIL-
ABILITY 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 Admin-
istration.’’. 
(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 Transpor-
tation 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 
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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 sec-
tion 2 of the Rights for the TSA Workforce Act of 
2022). 
(e) 
COLLECTIVE
BARGAINING
UNIT.—Notwith-
standing section 7112 of title 5, United States Code, fol-
lowing the application of chapter 71 pursuant to section 
3(c)(2) of this Act, full- and part-time non-supervisory 
Transportation Security Administration personnel car-
rying 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 Sec-
retary shall take any actions necessary to ensure that the 
following rights are preserved and available for each cov-
ered employee as of the conversion date and any covered 
employee appointed after the conversion date, and con-
tinue 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 conver-
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sion 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 Bene-
fits premiums on the same basis as full-time TSA 
employees. 
(3) Covered employees are provided appropriate 
leave during national emergencies to assist the cov-
ered employees and ensure TSA meets mission re-
quirements, 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 occa-
sional split-shift work. 
(5) Eligible covered employees receive group re-
tention incentives, as appropriate, notwithstanding 
sections 5754(c), (e), and (f) of title 5, United 
States Code. 
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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 per-
sonnel under chapter 71 of title 5, United 
States Code, with full rights under such chap-
ter. 
(B) Nothing in this subsection shall be 
construed to prevent covered employees from 
selecting an exclusive representative other than 
the labor organization described under para-
graph (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 
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national level, but may be supplemented by local 
level bargaining and local level agreements in fur-
therance 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 mu-
tual consent of the exclusive representative of full 
and part-time non-supervisory TSA personnel car-
rying out screening functions under section 44901 of 
title 49, United States Code, and a TSA Federal Se-
curity Director or their designee. 
(3) CURRENT AGREEMENT.—Any collective bar-
gaining agreement covering such personnel in effect 
on the date of enactment of this Act shall remain in 
effect until a collective bargaining agreement is en-
tered into under such chapter 71, unless the Admin-
istrator 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 Sec-
retary 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 
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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 rec-
ommendations 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 
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(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 BACK-
GROUND CHECK REQUIREMENTS. 
Not later than one year after the date of enactment 
of this Act, the Secretary shall submit a plan to the appro-
priate congressional committees on a proposal to har-
monize and update, for the purposes of hiring and for au-
thorizing or entering into any contract for service, the re-
strictions 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 Comp-
troller General shall submit to Congress a report on the 
efforts of the TSA regarding recruitment, including re-
cruitment 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 in-
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clude recommendations regarding how the TSA may im-
prove 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 re-
port on its review no later than one year after such conver-
sion date. 
(c) REVIEW OF PROMOTION POLICIES AND LEADER-
SHIP 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 ad-
vancement opportunities are equitable and provide for de-
mographics among senior leadership that are reflective of 
the United States’ workforce demographics writ large. 
Such report shall, to the extent possible, include an over-
view and analysis of the current demographics of TSA 
leadership and, as appropriate, recommendations to im-
prove 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. 
(d) REVIEW OF HARASSMENT AND ASSAULT POLI-
CIES AND PROTECTIONS.—Not later than one year after 
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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 inci-
dents of sexual harassment and violence and harassment 
and violence motivated by an individual’s perceived race, 
ethnicity, religion, gender identity or sexuality, and includ-
ing incidents where the alleged perpetrator or perpetrators 
are members of the general public. Such report shall in-
clude 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 con-
ducting its review, the Comptroller General shall provide 
opportunities for TSA employees of all levels and posi-
tions, and unions and associations representing such em-
ployees, to submit comments, including in an anonymous 
form, and take those comments into account in its final 
recommendations. 
SEC. 9. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the TSA’s personnel system provides insuf-
ficient benefits and workplace protections to the 
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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 SERV-
ICE. 
The Administrator may communicate with organiza-
tions representing a significant number of Federal Air 
Marshals, to the extent provided by law, to address con-
cerns regarding Federal Air Marshals related to the fol-
lowing: 
(1) Mental health. 
(2) Suicide rates. 
(3) Morale and recruitment. 
(4) Equipment and training. 
(5) Work schedules and shifts, including man-
dated periods of rest. 
(6) Any other personnel issues the Adminis-
trator determines appropriate. 
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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 Infec-
tious Diseases, shall ensure that covered employees are 
provided proper guidance regarding prevention and protec-
tions against the COVID–19 National Emergency, includ-
ing 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. 
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 regu-
larly traveling between airport parking lots and bus and 
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transit stops and screening checkpoints before and after 
the regular work day. In conducting such study, the Ad-
ministrator 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 ar-
rival to and departure from airport parking lots and 
bus and transit stops; and 
(3) the estimated costs of providing such bene-
fits. 
SEC. 15. BRIEFING ON ASSAULTS AND THREATS ON TSA EM-
PLOYEES. 
Not later than 90 days after the date of the enact-
ment of this Act, the Administrator shall brief the appro-
priate congressional committees regarding the following: 
(1) Reports to the Administrator of instances of 
physical or verbal assault or threat made by a mem-
ber 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 Adminis-
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trator communicates the availability of such proce-
dures. 
(3) Any steps taken by TSA to prevent and re-
spond to such assaults and threats. 
(4) Any related civil actions and criminal refer-
rals made annually since January 1, 2019. 
(5) Any additional authorities needed by the 
Administrator to better prevent or respond to such 
assaults and threats. 
SEC. 16. ANNUAL REPORTS ON TSA WORKFORCE. 
Not later than one year after the date of the enact-
ment of this Act and annually thereafter, the Adminis-
trator shall submit to the appropriate congressional com-
mittees a report that contains the following: 
(1) An analysis of the Office of Personnel Man-
agement’s Federal Employee Viewpoint Survey 
(FEVS) to determine job satisfaction rates of cov-
ered employees. 
(2) Information relating to retention rates of 
covered employees at each airport, including trans-
fers, in addition to aggregate retention rates of cov-
ered employees across the TSA workforce. 
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