Rights for the TSA Workforce Act of 2021

Bill: 117-hr-903
Sponsor: full_name: Rep. Thompson, Bennie G. [D-MS-2]
Introduced: 2021-02-05
Policy area: Government Operations and Politics
Subjects: Administrative remedies

Aviation and airports

Cardiovascular and respiratory health

Congressional oversight

Department of Homeland Security

Emergency medical services and trauma care

Employee hiring

Employee leave

Employee performance

Employment discrimination and employee rights

Government employee pay, benefits, personnel management

Government studies and investigations

Health care costs and insurance

Health promotion and preventive care

Infectious and parasitic diseases

Internet and video services

Internet, web applications, social media

Labor-management relations

Law enforcement officers

Mental health

Telephone and wireless communication

Transportation employees

Transportation safety and security

Veterans' education, employment, rehabilitation

Worker safety and health
Latest action: action_date: 2022-05-16
text: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:
action_date: 2021-02-05
action_desc: Introduced in House
text: <p><b>Rights for the Transportation Security Administration Workforce Act of 2021 or the Rights for the TSA Workforce Act of 2021</b></p> <p>This bill modifies the workplace rights, protections, and benefits applicable to Transportation Security Administration (TSA) personnel.</p> <p> Specifically, the bill </p> <ul> <li>within 180 days, eliminates personnel authorities of the Department of Homeland Security (DHS) and the Department of Transportation governing the conditions of employment for TSA employees, thus making TSA employees subject to the personnel management system applicable to other federal employees;</li> <li>sets forth transition rules that protect the pay rates, leave rights, and other rights of TSA employees; and</li> <li>requires DHS to consult with the labor organization certified by the Federal Labor Relations Authority to carry out the conversion of such positions.</li> </ul> <p>The bill also</p> <ul> <li>directs the TSA to consult with public and private entities associated with the Federal Air Marshal Service to address concerns regarding federal air marshals, including mental health and suicide rates;</li> <li>prohibits TSA employees from using or installing the social media video application TikTok on U.S. government-issued mobile devices;</li> <li>requires DHS to prioritize the hiring of veterans, including disabled veterans; and</li> <li>directs the TSA to ensure its employees are provided proper guidance regarding prevention and protections against the coronavirus (i.e., the virus that causes COVID-19).</li> </ul>

action_date: 2022-05-06
action_desc: Reported to House, Part I
text: <p><b>Rights for the Transportation Security Administration Workforce Act of 2021 or the Rights for the TSA Workforce Act of 2021</b></p> <p>This bill modifies the workplace rights, protections, and benefits applicable to Transportation Security Administration (TSA) personnel.</p> <p> Specifically, the bill </p> <ul> <li>by December 31, 2022, eliminates personnel authorities of the Department of Homeland Security (DHS) and the Department of Transportation governing the conditions of employment for TSA employees, thus making TSA employees subject to the personnel management system applicable to other federal employees;</li> <li>sets forth transition rules that protect the pay rates, leave rights, and other rights of TSA employees; </li> <li>allows the TSA to provide more pay and benefits to TSA screening employees than would otherwise be authorized; and</li> <li>requires DHS to consult with the exclusive representative of TSA screening employees to carry out the conversion of those positions.</li> </ul> <p>The bill also</p> <ul> <li>permits the TSA to consult with organizations representing federal air marshals to address concerns, including mental health and suicide rates; </li> <li>directs the TSA to ensure its employees are provided proper guidance regarding prevention and protections against COVID-19;</li> <li>requires the TSA to provide a one-time bonus payment of $3,000 to each TSA employee carrying out duties that require substantial contact with the public during the COVID-19 national emergency; and</li> <li>requires the Government Accountability Office to report on implementation of the bill and TSA recruitment efforts, including the recruitment of veterans.</li> </ul>

action_date: 2022-05-12
action_desc: Passed House
text: <p><b>Rights for the Transportation Security Administration Workforce Act of 2022 or the Rights for the TSA Workforce Act of </b> <b>2022</b></p> <p>This bill modifies the workplace rights, protections, and benefits applicable to Transportation Security Administration (TSA) personnel.</p> <p> Specifically, the bill </p> <ul> <li>by December 31, 2022, eliminates personnel authorities of the Department of Homeland Security (DHS) and the Department of Transportation governing the conditions of employment for TSA employees, thus making TSA employees subject to the personnel management system applicable to other federal employees;</li> <li>sets forth transition rules that protect the pay rates, leave rights, and other rights of TSA employees; and</li> <li>requires DHS to consult with the exclusive representative of TSA screening employees to carry out the conversion of those positions.</li> </ul> <p>The bill also</p> <ul> <li>permits the TSA to consult with organizations representing federal air marshals to address concerns, including mental health and suicide rates; </li> <li>directs the TSA to ensure its employees are provided proper guidance regarding prevention and protections against COVID-19;</li> <li>requires the TSA to provide a one-time bonus payment of $3,000 to each TSA employee carrying out duties that require substantial contact with the public during the COVID-19 national emergency; and</li> <li>requires the Government Accountability Office to report on implementation of the bill, TSA recruitment efforts, and specified TSA personnel policies.</li> </ul>

tv_txt: I 117th CONGRESS 1st Session H. R. 903 IN THE HOUSE OF REPRESENTATIVES February 5, 2021 Mr. Thompson of Mississippi (for himself, Ms. DeLauro , Mrs. Carolyn B. Maloney of New York , Mr. DeFazio , Mrs. Watson Coleman , and Ms. Roybal-Allard ) introduced the following bill; which was referred to the Committee on Homeland Security , and in addition to the Committee on Oversight and Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 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 who provide screening of all passengers and property, and for other purposes.

1. Short title This Act may be cited as the Rights for the Transportation Security Administration Workforce Act of 2021 or the Rights for the TSA Workforce Act of 2021 . 2. Definitions For purposes of this Act— (1) the term adjusted basic pay means— (A) the rate of pay fixed by law or administrative action for the position held by a covered employee before any deductions; and (B) any regular, fixed supplemental payment 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 Administrator of the Transportation Security Administration; (3) the term covered employee means an employee who holds a covered position; (4) the term covered position means a position within the Transportation Security Administration; (5) the term conversion date means the date as of which paragraphs (1) through (4) of section 3(c) take effect; (6) the term 2019 Determination means the publication, entitled Determination on Transportation Security Officers and Collective Bargaining , issued on July 13, 2019, by Administrator David P. Pekoske; (7) the term employee has the meaning given such term by section 2105 of title 5, United States Code; (8) the term Secretary means the Secretary of Homeland Security; and (9) 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. 3. Conversion of TSA personnel (a) Restrictions on certain personnel authorities Notwithstanding any other provision of law, effective as of the date of the enactment of this Act— (1) any TSA personnel management system in use for covered employees and covered positions on the day before such date of enactment, and any TSA personnel management policy, letters, guideline, or directive in effect on such day may not be modified; (2) no TSA personnel management policy, letter, guideline, or directive that was not established before such date issued pursuant to section 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 (3) 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. (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 directive in effect on the day before the date of enactment of this Act shall remain in effect until the effective date under subsection (c). (c) Transition to general personnel management system applicable to civil service employees Effective as of the date determined by the Secretary, but in no event later than 180 days after the date of the enactment of this Act— (1) each provision of law cited in section 2(9) is repealed; (2) any TSA personnel management policy, letter, guideline, and directive, including the 2019 Determination, shall cease to be effective; (3) any human resources management system established or adjusted under chapter 97 of title 5, United States Code, with respect to covered employees or covered positions shall cease to be effective; and (4) covered employees and covered positions shall be subject to the provisions of title 5, United States Code. (d) Safeguards on grievances In carrying out this Act, the Secretary shall take such actions as are necessary to provide an opportunity to each covered employee with a grievance or disciplinary action (including an adverse action) pending within TSA on the date of the enactment of this Act or at any time during the transition period described in subsection (c) to have such grievance removed to proceedings pursuant to title 5, United States Code, or continued within TSA. 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 2(c)(4) shall not be subject to any reduction in the rate of adjusted basic pay payable, or total compensation provided, to such covered employee. (b) Preservation of other rights In the case of each covered employee as of the conversion date, the Secretary shall take any actions necessary to ensure that— (1) any annual leave, sick leave, or other paid leave accrued, accumulated, or otherwise available to a covered employee immediately before the conversion date shall remain available to the employee until used; and (2) the Government share of any premiums or other periodic charges under chapter 89 of title 5, United States Code, governing group health insurance shall remain at least the same as was the case immediately before the conversion date. (c) GAO study on TSA pay rates Not later than the date that is nine months after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report 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. (d) 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. 5. Consultation requirement (a) Exclusive representative The labor organization certified by the Federal Labor Relations Authority on June 29, 2011, or 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 personnel under chapter 71 of title 5, United States Code, with full rights under such chapter. Any collective bargaining agreement covering such personnel on the date of enactment of this Act shall remain in effect, consistent with subsection (d). (b) Consultation rights Not later than seven days after the date of the enactment of this Act, the Secretary 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 covered employees and covered positions under this Act. Prior to the conversion date, the Secretary shall provide (in writing) to such exclusive representative the plans for how the Secretary intends to carry out the conversion of covered employees and covered positions 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 recommendations are presented and provide the exclusive representative a written statement of the reasons for the final actions to be taken. (d) Sunset provision The provisions of this section shall cease to be effective as of the conversion date. 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 (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). 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). 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. Prevention and protection against certain illness The Administrator of the Transportation Security Administration, in coordination with the Director of the 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.

tv_txt: I 117th CONGRESS 2d Session H. R. 903 IN THE HOUSE OF REPRESENTATIVES AN ACT 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. Short title This Act may be cited as the Rights for the Transportation Security Administration Workforce Act of 2022 or the Rights for the TSA Workforce Act of 2022 . 2. Definitions For purposes of this Act— (1) the term adjusted basic pay means— (A) the rate of pay fixed by law or administrative action for the position held by a covered employee before any deductions; and (B) any regular, fixed supplemental payment 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 Administrator of the Transportation Security Administration; (3) the term appropriate congressional committees means the Committees on Homeland Security and Oversight and Reform of the House of Representatives and the Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate; (4) the term at-risk employee means a Transportation Security Officer, Federal Air Marshal, canine handler, or any other employee of the Transportation Security Administration carrying out duties that require substantial contact with the public during the COVID–19 national emergency; (5) the term conversion date means the date as of which subparagraphs (A) through (F) of section 3(c)(1) take effect; (6) the term covered employee means an employee who holds a covered position; (7) the term covered position means a position within the Transportation Security Administration; (8) the term COVID–19 national emergency means the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) on March 13, 2020, with respect 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; (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 Transportation Security Officers and Collective Bargaining , issued on July 13, 2019, by Administrator David P. Pekoske, as modified, or any superseding subsequent determination. 3. Conversion of TSA personnel (a) Restrictions on certain personnel authorities (1) In general Notwithstanding any other provision of law, and except as provided in paragraph (2), effective as of the date of the enactment of this Act— (A) any TSA personnel management system in use for covered employees and covered positions on the day before such date of enactment, and any TSA personnel management policy, 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 established before such date issued pursuant to section 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 locality-based comparability payments in order to maintain parity with such adjustments authorized under section 5303, 5304, 5304a, and 5318 of title 5, United States Code; and (B) Additional policy Notwithstanding 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 transportation security during transition period Notwithstanding paragraph (1), any TSA personnel management policy, letter, guideline, or directive related to an emerging threat to transportation security, including national 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 appropriate congressional committees any modification or establishment of such a TSA personnel management policy, letter, guideline, or directive, with an explanation of its necessity, not later than 7 days of such modification or establishment. (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 directive 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 paragraph (2), effective as of the date determined by the Secretary, but in no event later than December 31, 2022— (A) the TSA personnel management system 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; (D) any TSA personnel management policy, letter, guideline, and directive, including the 2019 Determination, shall cease to be effective; (E) any human resources management system established or adjusted under chapter 97 of title 5, United States Code, with respect to covered employees or covered positions shall cease to be effective; and (F) covered employees and covered positions 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 employees carrying out screening functions pursuant to section 44901 of title 49, United States Code; and (B) any policy, letter, guideline, or directive issued under section 111(d) of the Aviation and Transportation Security Act ( 49 U.S.C. 44935 note) related to matters otherwise covered by such chapter 71 or 77 shall cease to be in effect. (3) Assistance of other agencies Not later than 180 days after the date of enactment of this Act or December 31, 2022, whichever is earlier— (A) the Office of Personnel Management shall establish a position series and classification standard for the positions of Transportation Security Officer, Federal Air Marshal, Transportation Security Inspector, and other positions requested by the Administrator; and (B) the Department of Agriculture’s National Finance Center shall make necessary changes to its Financial Management Services and Human Resources Management Services to ensure payroll, leave, and other personnel processing systems for TSA personnel are commensurate with chapter 53 of title 5, United States Code, and provide functions as needed to implement 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 removed to proceedings pursuant to title 5, United States Code, or continued within the TSA. (2) Authority With respect to any grievance or appeal continued within the TSA pursuant to paragraph (1), the Administrator may consider and finally adjudicate such grievance or appeal notwithstanding any other provision of this Act. (3) Preservation of rights Notwithstanding 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. 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 either the rate of adjusted basic pay payable or law 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 management 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 employee’s converted rate of pay. (b) Retirement pay Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a proposal, including proposed legislative changes if needed, for determining a covered employee’s average pay for purposes of calculating the employee’s retirement annuity, consistent with title 5, United States Code, for any covered employee who retires within three years of the conversion 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 Notwithstanding section 5547 of title 5, United States Code, or any other provision of law, a Federal Air Marshal or criminal investigator hired prior to the date of enactment of this Act may be eligible for premium pay up to the maximum level allowed by the Administrator prior to the date of enactment of this Act. The Office of Personnel Management shall recognize such premium pay as fully creditable for the purposes of calculating pay and retirement benefits. (d) Preservation of law enforcement availability 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 Administration. . (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 Transportation 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 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 section 2 of the Rights for the TSA Workforce Act of 2022). (e) Collective bargaining unit Notwithstanding section 7112 of title 5, United States Code, following the application of chapter 71 pursuant to section 3(c)(2) of this Act, full- and part-time non-supervisory Transportation Security Administration personnel carrying 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 Secretary shall take any actions necessary to ensure that the following rights are preserved and available for each covered employee as of the conversion date and any covered employee appointed after the conversion date, and continue 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 conversion 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 Benefits premiums on the same basis as full-time TSA employees. (3) Covered employees are provided appropriate leave during national emergencies to assist the covered employees and ensure TSA meets mission requirements, 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 occasional split-shift work. (5) Eligible covered employees receive group retention incentives, as appropriate, notwithstanding sections 5754(c), (e), and (f) of title 5, United States Code. 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 personnel under chapter 71 of title 5, United States Code, with full rights under such chapter. (B) Nothing in this subsection shall be construed to prevent covered employees from selecting an exclusive representative other than the labor organization described under paragraph (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 national level, but may be supplemented by local level bargaining and local level agreements in furtherance 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 mutual consent of 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 a TSA Federal Security Director or their designee. (3) Current agreement Any collective bargaining agreement covering such personnel in effect on the date of enactment of this Act shall remain in effect until a collective bargaining agreement is entered into under such chapter 71, unless the Administrator 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 Secretary 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 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 recommendations are presented and provide the exclusive representative a written statement of the reasons for the final actions to be taken. 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 (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). 7. Proposal on hiring and contracting background check requirements Not later than one year after the date of enactment of this Act, the Secretary shall submit a plan to the appropriate congressional committees on a proposal to harmonize and update, for the purposes of hiring and for authorizing or entering into any contract for service, the restrictions 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). 8. Comptroller General reviews (a) Review of recruitment 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 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 TSA may improve 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 report on its review no later than one year after such conversion date. (c) Review of promotion policies and leadership 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 advancement opportunities are equitable and provide for demographics among senior leadership that are reflective of the United States’ workforce demographics writ large. Such report shall, to the extent possible, include an overview and analysis of the current demographics of TSA leadership and, as appropriate, recommendations to improve 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 policies and protections 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 the safety of its staff with regards to harassment and assault in the workplace, such as incidents of sexual harassment and violence and harassment and violence motivated by an individual’s perceived race, ethnicity, religion, gender identity or sexuality, and including incidents where the alleged perpetrator or perpetrators are members of the general public. Such report shall include 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 conducting its review, the Comptroller General shall provide opportunities for TSA employees of all levels and positions, and unions and associations representing such employees, to submit comments, including in an anonymous form, and take those comments into account in its final recommendations. 9. Sense of Congress It is the sense of Congress that— (1) the TSA’s personnel system provides insufficient benefits and workplace protections to the 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. 10. Assistance for Federal Air Marshal Service The Administrator may communicate with organizations representing a significant number of Federal Air Marshals, to the extent provided by law, to address concerns regarding Federal Air Marshals related to the following: (1) Mental health. (2) Suicide rates. (3) Morale and recruitment. (4) Equipment and training. (5) Work schedules and shifts, including mandated periods of rest. (6) Any other personnel issues the Administrator determines appropriate. 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 Infectious Diseases, shall ensure that covered employees are provided proper guidance regarding prevention and protections against the COVID–19 National Emergency, including appropriate resources. 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. 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. 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 regularly traveling between airport parking lots and bus and transit stops and screening checkpoints before and after the regular work day. In conducting such study, the Administrator 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 arrival to and departure from airport parking lots and bus and transit stops; and (3) the estimated costs of providing such benefits. 15. Briefing on assaults and threats on TSA employees Not later than 90 days after the date of the enactment of this Act, the Administrator shall brief the appropriate congressional committees regarding the following: (1) Reports to the Administrator of instances of physical or verbal assault or threat made by a member 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 Administrator communicates the availability of such procedures. (3) Any steps taken by TSA to prevent and respond to such assaults and threats. (4) Any related civil actions and criminal referrals made annually since January 1, 2019. (5) Any additional authorities needed by the Administrator to better prevent or respond to such assaults and threats. 16. Annual reports on TSA workforce Not later than one year after the date of the enactment of this Act and annually thereafter, the Administrator shall submit to the appropriate congressional committees a report that contains the following: (1) An analysis of the Office of Personnel Management’s Federal Employee Viewpoint Survey (FEVS) to determine job satisfaction rates of covered employees. (2) Information relating to retention rates of covered employees at each airport, including transfers, in addition to aggregate retention rates of covered employees across the TSA workforce. (3) Information relating to actions taken by the TSA intended to improve workforce morale and retention.

Passed the House of Representatives May 12, 2022. Cheryl L. Johnson, Clerk.

tv_txt: IB Union Calendar No. 230 117th CONGRESS 2d Session H. R. 903 [Report No. 117–310, Part I] IN THE HOUSE OF REPRESENTATIVES February 5, 2021 Mr. Thompson of Mississippi (for himself, Ms. DeLauro , Mrs. Carolyn B. Maloney of New York , Mr. DeFazio , Mrs. Watson Coleman , and Ms. Roybal-Allard ) introduced the following bill; which was referred to the Committee on Homeland Security , and in addition to the Committee on Oversight and Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned May 6, 2022 Additional sponsors: Mr. Lynch , Mr. Payne , Mrs. Demings , Mr. Cleaver , Mr. Torres of New York , Ms. DeGette , Ms. Norton , Ms. Moore of Wisconsin , Mr. Crow , Mr. Smith of Washington , Mr. Vargas , Ms. Escobar , Mr. Moulton , Mr. Lowenthal , Mr. Michael F. Doyle of Pennsylvania , Mr. Foster , Mr. Suozzi , Ms. Houlahan , Mr. Espaillat , Mr. Costa , Mr. Kim of New Jersey , Mr. Welch , Mr. Huffman , Mr. Garamendi , Mr. Pascrell , Ms. Meng , Mr. Lamb , Mr. Rush , Mrs. Hayes , Mrs. Beatty , Ms. DelBene , Ms. Kaptur , Mr. Levin of Michigan , Mrs. Luria , Mr. Fitzpatrick , Mr. Zeldin , Mr. Sires , Mr. Phillips , Mr. Van Drew , Mr. Peters , Ms. Schakowsky , Ms. Scanlon , Ms. Bonamici , Ms. Pingree , Mr. Perlmutter , Mr. Blumenauer , Mr. Connolly , Mrs. Napolitano , Mr. McKinley , Mr. Malinowski , Mr. Pallone , Mr. Gallego , Miss Rice of New York , Mr. O'Halleran , Mr. Higgins of New York , Mr. Swalwell , Mr. Sherman , Mr. Sean Patrick Maloney of New York , Mr. Levin of California , Mrs. Dingell , Mr. David Scott of Georgia , Mr. Morelle , Ms. Davids of Kansas , Ms. Wild , Mr. Carbajal , Mrs. Torres of California , Mr. Ruppersberger , Mr. Crist , Mr. Smith of New Jersey , Mr. Pocan , Mr. Tonko , Mr. Jeffries , Mr. Rodney Davis of Illinois , Mr. Raskin , Mr. Schrader , Mr. Langevin , Ms. Castor of Florida , Mr. Pappas , Ms. Blunt Rochester , Mr. Stauber , Mr. Case , Ms. Newman , Ms. Eshoo , Ms. Brownley , Mr. Allred , Mr. Mfume , Mr. Trone , Mr. Kilmer , Ms. Lee of California , Mr. Neguse , Mr. Khanna , Mr. Evans , Mrs. Bustos , Ms. Dean , Mr. Price of North Carolina , Mr. Jones , Ms. Lois Frankel of Florida , Mr. Cartwright , Mr. Ryan , Ms. Wilson of Florida , Ms. Pressley , Mr. Sarbanes , Mr. Himes , Mr. Kind , Mrs. Fletcher , Mr. Larsen of Washington , Mrs. Kirkpatrick , Ms. Johnson of Texas , Ms. Strickland , Ms. Schrier , Mr. Gottheimer , Ms. Barragán , Mr. Garbarino , Ms. Manning , Mrs. Murphy of Florida , Mr. Lieu , Ms. Tlaib , Mr. Bacon , Ms. Underwood , Ms. Wasserman Schultz , Ms. Titus , Mr. Norcross , Mrs. Axne , Mr. Takano , Mr. Soto , Ms. Jayapal , Mr. Brown of Maryland , Mr. Johnson of Georgia , Ms. Ross , Mr. Bowman , Ms. McCollum , Ms. Omar , Mr. Larson of Connecticut , Ms. Sewell , Ms. Kelly of Illinois , Mr. García of Illinois , Mr. Kildee , Mrs. Lawrence , Ms. Spanberger , Mr. Brendan F. Boyle of Pennsylvania , Mr. Delgado , Mr. Krishnamoorthi , Mr. Correa , Ms. Chu , Mrs. Trahan , Ms. Wexton , Ms. Sherrill , Mr. Meeks , Ms. Sánchez , Ms. Bass , Ms. Clarke of New York , Ms. Porter , Ms. Lofgren , Ms. Velázquez , Mr. Harder of California , Mr. McGovern , Mr. Grijalva , Mr. Scott of Virginia , Mr. DeSaulnier , Ms. Slotkin , Mr. Young , Ms. Stevens , Mr. Panetta , Ms. Bourdeaux , Ms. Jackson Lee , Mr. Cicilline , Mr. Danny K. Davis of Illinois , Ms. Craig , Ms. Williams of Georgia , Ms. Garcia of Texas , Ms. Waters , Mr. Gomez , Mr. Vela , Mr. Vicente Gonzalez of Texas , Ms. Adams , Mr. Kahele , Mr. Quigley , Mr. Schneider , Ms. Plaskett , Mr. Joyce of Ohio , Mr. Thompson of California , Ms. Speier , Mr. Cuellar , Mr. Doggett , Mr. Ruiz , Mr. Carson , Mr. Green of Texas , Mr. Castro of Texas , Mr. Cárdenas , Mr. Courtney , Mr. Yarmuth , Mr. Keating , Mr. McEachin , Mr. Schiff , Mr. Stanton , Mr. McNerney , Ms. Clark of Massachusetts , Mr. Horsford , Mr. Beyer , Mr. Sablan , Ms. Kuster , Mr. Auchincloss , Mrs. Radewagen , Mr. Golden , Ms. Jacobs of California , Mr. San Nicolas , Mr. Butterfield , Mr. Veasey , Mr. Lawson of Florida , Mr. Deutch , Mrs. McBath , Mr. Neal , Mr. Aguilar , Mr. Cooper , Mr. Nadler , Mr. Carter of Louisiana , Mr. Cohen , Ms. Matsui , Mr. Bera , Ms. Stansbury , Mr. Mrvan , Ms. Malliotakis , Ms. Ocasio-Cortez , Ms. Brown of Ohio , Mr. Bost , and Mrs. Cherfilus-McCormick May 6, 2022 Reported from the Committee on Homeland Security with amendments Strike out all after the enacting clause and insert the part printed in italic May 6, 2022 Committee on Oversight and Reform discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on February 5, 2021 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 who provide screening of all passengers and property, and for other purposes.

1. Short title This Act may be cited as the Rights for the Transportation Security Administration Workforce Act of 2021 or the Rights for the TSA Workforce Act of 2021 . 2. Definitions For purposes of this Act— (1) the term adjusted basic pay means— (A) the rate of pay fixed by law or administrative action for the position held by a covered employee before any deductions; and (B) any regular, fixed supplemental payment 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 Administrator of the Transportation Security Administration; (3) the term appropriate congressional committees means the Committees on Homeland Security and Oversight and Reform of the House of Representatives and the Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate; (4) the term at-risk employee means a Transportation Security Officer, Federal Air Marshal, canine handler, or any other employee of the Transportation Security Administration carrying out duties that require substantial contact with the public during the COVID–19 national emergency; (5) the term conversion date means the date as of which subparagraphs (A) through (F) of section 3(c)(1) take effect; (6) the term covered employee means an employee who holds a covered position; (7) the term covered position means a position within the Transportation Security Administration; (8) the term COVID–19 national emergency means the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) on March 13, 2020, with respect 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; (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 Transportation Security Officers and Collective Bargaining , issued on July 13, 2019, by Administrator David P. Pekoske, as modified, or any superseding subsequent determination. 3. Conversion of TSA personnel (a) Restrictions on certain personnel authorities (1) In general Notwithstanding any other provision of law, and except as provided in paragraph (2), effective as of the date of the enactment of this Act— (A) any TSA personnel management system in use for covered employees and covered positions on the day before such date of enactment, and any TSA personnel management policy, 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 established before such date issued pursuant to section 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, letters, guideline, or directive related to annual adjustments to pay schedules and locality-based comparability payments in order to maintain parity with such adjustments authorized under section 5303, 5304, 5304a, and 5318 of title 5, United States Code; and (B) Additional policy Notwithstanding 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 transportation security during transition period Notwithstanding paragraph (1), any TSA personnel management policy, letter, guideline, or directive related to an emerging threat to transportation security, including national emergencies or disasters and public health threats to transportation security, may be modified or established until the effective date in subsection (c)(1). The Secretary shall provide to the appropriate congressional committees any modification or establishment of such a TSA personnel management policy, letter, guideline, or directive, with an explanation of its necessity, not later than 7 days of such modification or establishment. (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 directive 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 paragraph (2), effective as of the date determined by the Secretary, but in no event later than December 31, 2022— (A) the TSA personnel management system 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; (D) any TSA personnel management policy, letter, guideline, and directive, including the 2019 Determination, shall cease to be effective; (E) any human resources management system established or adjusted under chapter 97 of title 5, United States Code, with respect to covered employees or covered positions shall cease to be effective; and (F) covered employees and covered positions 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 employees carrying out screening functions pursuant to section 44901 of title 49, United States Code; and (B) any policy, letter, guideline, or directive issued under section 111(d) of the Aviation and Transportation Security Act ( 49 U.S.C. 44935 note) related to matters otherwise covered by such chapter 71 or 77 shall cease to be in effect. (3) Assistance of other agencies Not later than 180 days after the date of enactment of this Act or December 31, 2022, whichever is earlier— (A) the Office of Personnel Management shall establish a position series and classification standard for the positions of Transportation Security Officer, Federal Air Marshal, Transportation Security Inspector, and other positions requested by the Administrator; and (B) the Department of Agriculture’s National Finance Center shall make necessary changes to its Financial Management Services and Human Resources Management Services to ensure payroll, leave, and other personnel processing systems for TSA personnel are commensurate with chapter 53 of title 5, United States Code, and provide functions as needed to implement 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 removed to proceedings pursuant to title 5, United States Code, or continued within the TSA. (2) Authority With respect to any grievance or appeal continued within the TSA pursuant to paragraph (1), the Administrator may consider and finally adjudicate such grievance or appeal notwithstanding any other provision of this Act. (3) Preservation of rights Notwithstanding 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. 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 either the rate of adjusted basic pay payable or law 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 management 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 employee’s converted rate of pay. (b) Retirement pay For purposes of determining a covered employee’s average pay to calculate the employee’s retirement annuity, consistent with title 5, United States Code, for any covered employee who retires within three years of the conversion date, the higher of the following shall be used: (1) The covered employee’s annual rate of basic pay on the first date of the pay period following the conversion under section 3(c)(1). (2) The amount determined consistent with sections 8331(4) or 8401(3) of such title 5, whichever is applicable. (c) Limitation on premium pay Notwithstanding section 5547 of title 5, United States Code, or any other provision of law, a Federal Air Marshal or criminal investigator hired prior to the date of enactment of this Act may be eligible for premium pay up to the maximum level allowed by the Administrator prior to the date of enactment of this Act. The Office of Personnel Management shall recognize such premium pay as fully creditable for the purposes of calculating pay and retirement benefits. (d) Collective bargaining unit Notwithstanding section 7112 of title 5, United States Code, following the application of chapter 71 pursuant to section 3(c)(2) of this Act, full- and part-time non-supervisory Transportation Security Administration personnel carrying out screening functions under section 44901 of title 49, United States Code, shall remain eligible to form a collective bargaining unit. (e) Preservation of other rights In the case of each covered employee as of the conversion date, the Secretary shall take any actions necessary to ensure that— (1) any annual leave, sick leave, or other paid leave accrued, accumulated, or otherwise available to a covered employee immediately before the conversion date shall remain available to the employee until used, notwithstanding any limitation on accumulated leave under chapter 63 of title 5, United States Code; and (2) part-time personnel carrying out screening functions under section 44901 of title 49, United States Code, continue to pay Federal Employees Health Benefits premiums on the same basis as full-time TSA employees. (f) Provision of additional benefits Subject to negotiations with the exclusive representative of full- and part-time non-supervisory Transportation Security Administration personnel carrying out screening functions under section 44901 of title 49, United States Code, pursuant to chapter 71 of title 5, United States Code, following the application of such chapter 71 pursuant to section 3(c)(2) of this Act, the Administrator may— (1) notwithstanding chapter 63 of title 5, United States Code, provide leave benefits for covered employees that exceed those otherwise provided under such chapter; (2) notwithstanding chapter 55 of title 5, United States Code, provide pay for covered employees that exceeds that otherwise provided under such chapter; and (3) notwithstanding sections 5753 and 5754 of title 5, United States Code, set payable rates and conditions for the payment of incentives and bonuses that exceed those otherwise provided under such sections. 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 personnel under chapter 71 of title 5, United States Code, with full rights under such chapter. (B) Nothing in this subsection shall be construed to prevent covered employees from selecting an exclusive representative other than the labor organization described under paragraph (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 national level, but may be supplemented by mutual consent of the parties by local level bargaining and local level agreements. (3) Current agreement Any collective bargaining agreement covering such personnel in effect on the date of enactment of this Act shall remain in effect until a collective bargaining agreement is entered into under such chapter 71, unless the Administrator 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 Secretary 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 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 recommendations are presented and provide the exclusive representative a written statement of the reasons for the final actions to be taken. 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 (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). 7. Proposal on hiring and contracting restrictions Not later than one year after the date of enactment of this Act, the Secretary shall submit a plan to the appropriate congressional committees on a proposal to uniformly apply, for the purposes of hiring and for authorizing or entering into any contract for service, the restrictions in section 70105(c) of title 46, United States Code, and section 44936 of title 49, United States Code. 8. Comptroller General reviews (a) Review of recruitment 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 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 TSA may improve 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 report on its review no later than one year after such conversion date. 9. Sense of Congress It is the sense of Congress that— (1) the TSA’s personnel system provides insufficient benefits and workplace protections to the 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. 10. Assistance for Federal Air Marshal Service The Administrator may communicate with organizations representing a significant number of Federal Air Marshals, to the extent provided by law, 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. 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 Infectious Diseases, shall ensure that covered employees are provided proper guidance regarding prevention and protections against the COVID-19 National Emergency, including appropriate resources. 12. Hazardous duty payments Not later than 90 days following the date of enactment of this Act, the Administrator shall provide a one-time bonus payment of $3,000 to each at-risk employee. 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.

Amend the title so as to read: 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. .

May 6, 2022 Reported from the Committee on Homeland Security with amendments May 6, 2022 Committee on Oversight and Reform discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: 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 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. Short title This Act may be cited as the Rights for the Transportation Security Administration Workforce Act of 2022 or the Rights for the TSA Workforce Act of 2022 . 2. Definitions For purposes of this Act— (1) the term adjusted basic pay means— (A) the rate of pay fixed by law or administrative action for the position held by a covered employee before any deductions; and (B) any regular, fixed supplemental payment 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 Administrator of the Transportation Security Administration; (3) the term appropriate congressional committees means the Committees on Homeland Security and Oversight and Reform of the House of Representatives and the Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate; (4) the term at-risk employee means a Transportation Security Officer, Federal Air Marshal, canine handler, or any other employee of the Transportation Security Administration carrying out duties that require substantial contact with the public during the COVID–19 national emergency; (5) the term conversion date means the date as of which subparagraphs (A) through (F) of section 3(c)(1) take effect; (6) the term covered employee means an employee who holds a covered position; (7) the term covered position means a position within the Transportation Security Administration; (8) the term COVID–19 national emergency means the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) on March 13, 2020, with respect 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; (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 Transportation Security Officers and Collective Bargaining , issued on July 13, 2019, by Administrator David P. Pekoske, as modified, or any superseding subsequent determination. 3. Conversion of TSA personnel (a) Restrictions on certain personnel authorities (1) In general Notwithstanding any other provision of law, and except as provided in paragraph (2), effective as of the date of the enactment of this Act— (A) any TSA personnel management system in use for covered employees and covered positions on the day before such date of enactment, and any TSA personnel management policy, 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 established before such date issued pursuant to section 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 locality-based comparability payments in order to maintain parity with such adjustments authorized under section 5303, 5304, 5304a, and 5318 of title 5, United States Code; and (B) Additional policy Notwithstanding 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 transportation security during transition period Notwithstanding paragraph (1), any TSA personnel management policy, letter, guideline, or directive related to an emerging threat to transportation security, including national 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 appropriate congressional committees any modification or establishment of such a TSA personnel management policy, letter, guideline, or directive, with an explanation of its necessity, not later than 7 days of such modification or establishment. (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 directive 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 paragraph (2), effective as of the date determined by the Secretary, but in no event later than December 31, 2022— (A) the TSA personnel management system 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; (D) any TSA personnel management policy, letter, guideline, and directive, including the 2019 Determination, shall cease to be effective; (E) any human resources management system established or adjusted under chapter 97 of title 5, United States Code, with respect to covered employees or covered positions shall cease to be effective; and (F) covered employees and covered positions 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 employees carrying out screening functions pursuant to section 44901 of title 49, United States Code; and (B) any policy, letter, guideline, or directive issued under section 111(d) of the Aviation and Transportation Security Act ( 49 U.S.C. 44935 note) related to matters otherwise covered by such chapter 71 or 77 shall cease to be in effect. (3) Assistance of other agencies Not later than 180 days after the date of enactment of this Act or December 31, 2022, whichever is earlier— (A) the Office of Personnel Management shall establish a position series and classification standard for the positions of Transportation Security Officer, Federal Air Marshal, Transportation Security Inspector, and other positions requested by the Administrator; and (B) the Department of Agriculture’s National Finance Center shall make necessary changes to its Financial Management Services and Human Resources Management Services to ensure payroll, leave, and other personnel processing systems for TSA personnel are commensurate with chapter 53 of title 5, United States Code, and provide functions as needed to implement 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 removed to proceedings pursuant to title 5, United States Code, or continued within the TSA. (2) Authority With respect to any grievance or appeal continued within the TSA pursuant to paragraph (1), the Administrator may consider and finally adjudicate such grievance or appeal notwithstanding any other provision of this Act. (3) Preservation of rights Notwithstanding 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. 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 either the rate of adjusted basic pay payable or law 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 management 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 employee’s converted rate of pay. (b) Retirement pay Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a proposal, including proposed legislative changes if needed, for determining a covered employee’s average pay for purposes of calculating the employee’s retirement annuity, consistent with title 5, United States Code, for any covered employee who retires within three years of the conversion 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 Notwithstanding section 5547 of title 5, United States Code, or any other provision of law, a Federal Air Marshal or criminal investigator hired prior to the date of enactment of this Act may be eligible for premium pay up to the maximum level allowed by the Administrator prior to the date of enactment of this Act. The Office of Personnel Management shall recognize such premium pay as fully creditable for the purposes of calculating pay and retirement benefits. (d) Preservation of law enforcement availability 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 Administration. . (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 Transportation 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 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 section 2 of the Rights for the TSA Workforce Act of 2022). (e) Collective bargaining unit Notwithstanding section 7112 of title 5, United States Code, following the application of chapter 71 pursuant to section 3(c)(2) of this Act, full- and part-time non-supervisory Transportation Security Administration personnel carrying 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 Secretary shall take any actions necessary to ensure that the following rights are preserved and available for each covered employee as of the conversion date and any covered employee appointed after the conversion date, and continue 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 conversion 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 Benefits premiums on the same basis as full-time TSA employees. (3) Covered employees are provided appropriate leave during national emergencies to assist the covered employees and ensure TSA meets mission requirements, 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 occasional split-shift work. (5) Eligible covered employees receive group retention incentives, as appropriate, notwithstanding sections 5754(c), (e), and (f) of title 5, United States Code. 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 personnel under chapter 71 of title 5, United States Code, with full rights under such chapter. (B) Nothing in this subsection shall be construed to prevent covered employees from selecting an exclusive representative other than the labor organization described under paragraph (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 national level, but may be supplemented by local level bargaining and local level agreements in furtherance 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 mutual consent of 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 a TSA Federal Security Director or their designee. (3) Current agreement Any collective bargaining agreement covering such personnel in effect on the date of enactment of this Act shall remain in effect until a collective bargaining agreement is entered into under such chapter 71, unless the Administrator 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 Secretary 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 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 recommendations are presented and provide the exclusive representative a written statement of the reasons for the final actions to be taken. 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 (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). 7. Proposal on hiring and contracting background check requirements Not later than one year after the date of enactment of this Act, the Secretary shall submit a plan to the appropriate congressional committees on a proposal to harmonize and update, for the purposes of hiring and for authorizing or entering into any contract for service, the restrictions 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). 8. Comptroller General reviews (a) Review of recruitment 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 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 TSA may improve 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 report on its review no later than one year after such conversion date. (c) Review of promotion policies and leadership 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 advancement opportunities are equitable and provide for demographics among senior leadership that are reflective of the United States’ workforce demographics writ large. Such report shall, to the extent possible, include an overview and analysis of the current demographics of TSA leadership and, as appropriate, recommendations to improve 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 policies and protections 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 the safety of its staff with regards to harassment and assault in the workplace, such as incidents of sexual harassment and violence and harassment and violence motivated by an individual’s perceived race, ethnicity, religion, gender identity or sexuality, and including incidents where the alleged perpetrator or perpetrators are members of the general public. Such report shall include 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 conducting its review, the Comptroller General shall provide opportunities for TSA employees of all levels and positions, and unions and associations representing such employees, to submit comments, including in an anonymous form, and take those comments into account in its final recommendations. 9. Sense of Congress It is the sense of Congress that— (1) the TSA’s personnel system provides insufficient benefits and workplace protections to the 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. 10. Assistance for Federal Air Marshal Service The Administrator may communicate with organizations representing a significant number of Federal Air Marshals, to the extent provided by law, to address concerns regarding Federal Air Marshals related to the following: (1) Mental health. (2) Suicide rates. (3) Morale and recruitment. (4) Equipment and training. (5) Work schedules and shifts, including mandated periods of rest. (6) Any other personnel issues the Administrator determines appropriate. 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 Infectious Diseases, shall ensure that covered employees are provided proper guidance regarding prevention and protections against the COVID–19 National Emergency, including appropriate resources. 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. 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. 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 regularly traveling between airport parking lots and bus and transit stops and screening checkpoints before and after the regular work day. In conducting such study, the Administrator 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 arrival to and departure from airport parking lots and bus and transit stops; and (3) the estimated costs of providing such benefits. 15. Briefing on assaults and threats on TSA employees Not later than 90 days after the date of the enactment of this Act, the Administrator shall brief the appropriate congressional committees regarding the following: (1) Reports to the Administrator of instances of physical or verbal assault or threat made by a member 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 Administrator communicates the availability of such procedures. (3) Any steps taken by TSA to prevent and respond to such assaults and threats. (4) Any related civil actions and criminal referrals made annually since January 1, 2019. (5) Any additional authorities needed by the Administrator to better prevent or respond to such assaults and threats. 16. Annual reports on TSA workforce Not later than one year after the date of the enactment of this Act and annually thereafter, the Administrator shall submit to the appropriate congressional committees a report that contains the following: (1) An analysis of the Office of Personnel Management’s Federal Employee Viewpoint Survey (FEVS) to determine job satisfaction rates of covered employees. (2) Information relating to retention rates of covered employees at each airport, including transfers, in addition to aggregate retention rates of covered employees across the TSA workforce. (3) Information relating to actions taken by the TSA intended to improve workforce morale and retention.

Passed the House of Representatives May 12, 2022. Cheryl L. Johnson, Clerk.