[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 903 Engrossed in House (EH)]
<DOC>
117th CONGRESS
2d Session
H. R. 903
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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''.
SEC. 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.
SEC. 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.
SEC. 4. TRANSITION RULES.
(a) Nonreduction in Pay and Compensation.--Under pay conversion
rules as the Secretary may prescribe to carry out this Act, a covered
employee converted from a TSA personnel management system to the
provisions of title 5, United States Code, pursuant to section
3(c)(1)(F)--
(1) shall not be subject to any reduction in 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.
SEC. 5. CONSULTATION REQUIREMENT.
(a) Exclusive Representative.--
(1) In general.--
(A) Beginning on the date chapter 71 of title 5,
United States Code, begins to apply to covered
employees pursuant to section 3(c)(2), the labor
organization certified by the Federal Labor Relations
Authority on June 29, 2011, or any successor labor
organization, shall be treated as the exclusive
representative of full- and part-time non-supervisory
TSA personnel carrying out screening functions under
section 44901 of title 49, United States Code, and
shall be the exclusive representative for such
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.
SEC. 6. NO RIGHT TO STRIKE.
Nothing in this Act may be considered--
(1) to repeal or otherwise affect--
(A) section 1918 of title 18, United States Code
(relating to disloyalty and asserting the right to
strike against the Government); or
(B) section 7311 of title 5, United States Code
(relating to loyalty and striking); or
(2) to otherwise authorize any activity which is not
permitted under either provision of law cited in paragraph (1).
SEC. 7. PROPOSAL ON HIRING AND CONTRACTING 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).
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 11. PREVENTION AND PROTECTION AGAINST CERTAIN ILLNESS.
The Administrator, in coordination with the Director of the Centers
for Disease Control and Prevention and the Director of the National
Institute of Allergy and Infectious Diseases, shall ensure that covered
employees are provided proper guidance regarding prevention and
protections against the COVID-19 National Emergency, including
appropriate resources.
SEC. 12. HAZARDOUS DUTY PAYMENTS.
Subject to the availability of appropriations, and not later than
90 days after receiving such appropriations, the Administrator shall
provide a one-time bonus payment of $3,000 to each at-risk employee.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary, to remain available until expended, to carry out this Act.
SEC. 14. STUDY ON FEASIBILITY OF COMMUTING BENEFITS.
Not later than 270 days after the enactment of this Act, the
Administrator shall submit to the appropriate congressional committees
a feasibility study on allowing covered employees carrying out
screening functions under section 44901 of title 49, United States
Code, to treat as hours of employment time spent by such employees
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.
SEC. 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.
SEC. 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.
Attest:
Clerk.
117th CONGRESS
2d Session
H. R. 903
_______________________________________________________________________
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.