[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 903 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 903
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.
_______________________________________________________________________
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.
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 2021'' or the ``Rights for the
TSA Workforce Act of 2021''.
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 ``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.
SEC. 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.
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 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.
SEC. 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.
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. 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).
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
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