II 115th CONGRESS 1st Session S. 1896 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 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. Short title This Act may be cited as the TSA LEAP Pay Reform Act of 2017 . 2. Retirement-creditable basic pay (a) Definition of basic pay Clause (ii) of section 8331(3)(E) of title 5, United States Code, is amended to read as follows: (ii) received after September 11, 2001, by a Federal air marshal or criminal investigator (as defined in section 5545a(a)(2)) of the Transportation Security Administration, subject to all restrictions and earning limitations imposed on criminal investigators receiving such pay under section 5545a, including the premium pay limitations under section 5547; . (b) Fair Labor Standards Act exemption Section 13 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213 ) is amended— (1) in subsection (a)(16)— (A) by striking is paid and inserting is entitled to ; and (B) by inserting , or a Federal air marshal or criminal investigator employed by the Administrator of the Transportation Security Administration who is entitled to such availability pay, as described in section 8331(3)(E)(ii) of such title (where entitlement is determined before the application of any premium pay limitation) before the semicolon; and (2) in subsection (b)(30)— (A) by striking is paid and inserting is entitled to ; and (B) by inserting , or a Federal air marshal or criminal investigator employed by the Administrator of the Transportation Security Administration who is entitled to such availability pay, as described in section 8331(3)(E)(ii) of such title (where entitlement is determined before the application of any premium pay limitation) before the period. (c) Effective date; applicability (1) In general Subject to paragraph (2), this Act, and the amendments made by this Act, shall take effect on the first day of the first pay period commencing on or after the date of enactment of this Act. (2) Retroactive application (A) In general Any availability pay received for any pay period commencing before the date of enactment of this Act by a Federal air marshal or criminal investigator employed by the Transportation Security Administration shall be deemed basic pay under section 8331(3) of title 5, United States Code, if the Transportation Security Administration treated such pay as retirement-creditable basic pay, but the Office of Personnel Management, based on an interpretation of section 8331(3) of title 5, United States Code, did not accept such pay as retirement-creditable basic pay. (B) Implementation Not later than 3 months after the date of enactment of this Act, the Director of the Office of Personnel Management shall commence taking such actions as are necessary to implement the amendments made by this section with respect to availability pay deemed to be basic pay under subparagraph (A).