[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1856 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1856
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 26, 2021
Mr. Schatz (for himself, Mr. Peters, Mr. Blumenthal, Mr. Booker, Mrs.
Gillibrand, Mr. Sanders, Mr. Warner, Ms. Hassan, Mr. Van Hollen, Mr.
Padilla, Mr. Cardin, Mr. Markey, Ms. Warren, Mr. Kaine, Mr. Menendez,
Mr. Casey, Ms. Cortez Masto, Ms. Klobuchar, Mr. Bennet, Ms. Duckworth,
Ms. Hirono, Mr. Brown, Ms. Rosen, Mr. Durbin, Ms. Baldwin, Mr. Lujan,
Mr. Wyden, and Mr. Murphy) introduced the following bill; which was
read twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
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.
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.
In this Act--
(1) 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;
(2) the term ``adjusted basic pay'' means--
(A) the rate of pay fixed by law or administrative
action for a position occupied 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;
(3) the term ``Administrator'' means the Administrator of
the Transportation Security Administration;
(4) the term ``conversion date'' means the date on which
paragraphs (1) through (4) of section 3(c) take effect;
(5) the term ``covered employee'' means an employee who
occupies a covered position;
(6) the term ``covered position'' means a position within
the Transportation Security Administration;
(7) the term ``employee'' has the meaning given the term in
section 2105 of title 5, United States Code, which shall be
determined without regard to any provision of law cited in
paragraph (9);
(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 enactment of
this Act--
(1) any TSA personnel management system in use for covered
employees and covered positions on the day before that date of
enactment, and any Transportation Security Administration
personnel management policy, letters, guideline, or directive
in effect on that day, may not be modified;
(2) no Transportation Security Administration personnel
management policy, letter, guideline, or directive that was not
established before that date issued under 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
Transportation Security Administration 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 a date determined by the
Secretary, but in no event later than 180 days after the date of
enactment of this Act--
(1) each provision of law cited in section 2(9) is
repealed;
(2) any Transportation Security Administration personnel
management policy, letter, guideline, or 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 the Transportation
Security Administration on the date of enactment of this Act, or at any
time during the transition period described in subsection (c), to have
that grievance removed to proceedings pursuant to title 5, United
States Code, or continued within the Administration.
SEC. 4. TRANSITION RULES.
(a) Nonreduction in Pay and Compensation.--
(1) In general.--Subject to paragraph (2), 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, under section 3(c)(4) shall not be subject to any
reduction in the rate of adjusted basic pay payable, or total
compensation provided, to that covered employee.
(2) Federal air marshal service.--An employee of the
Federal Air Marshal Service converted from a TSA personnel
management system to the provisions of title 5, United States
Code, under section 3(c)(4) shall be converted such that the
rate of adjusted basic pay payable to the employee is not less
than that rate for a position at GS-13 of the General Schedule.
(b) Preservation of Other Rights.--With respect to 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 the covered
employee, as of the day before the conversion date, shall
remain available to the covered 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 be paid in an amount
that is not less than the amount paid for those premiums and
other periodic charges, as of the day before the conversion
date.
(c) GAO Study on TSA Pay Rates.--Not later than 270 days after the
date of enactment of this Act, the Comptroller General of the United
States 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 the States described in
paragraph (1), including those employees located in any
territory or possession of the United States.
(d) Rule of Construction.--During the transition period described
in section 3(c), and after the conversion date, the Secretary shall
ensure that the Transportation Security Administration continues to
prevent the appointment 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.--
(1) In general.--The labor organization certified by the
Federal Labor Relations Authority on June 29, 2011, or a
successor labor organization, shall be--
(A) treated as the exclusive representative of
full- and part-time non-supervisory personnel of the
Transportation Security Administration carrying out
screening functions under section 44901 of title 49,
United States Code; and
(B) the exclusive representative for the personnel
described in subparagraph (A) under chapter 71 of title
5, United States Code, with full rights under that
chapter.
(2) Application.--Any collective bargaining agreement
covering the personnel described in paragraph (1)(A) that is in
effect on the date of enactment of this Act shall remain in
effect, consistent with subsection (d).
(b) Consultation Rights.--
(1) In general.--Not later than 7 days after the date of
enactment of this Act, the Secretary shall consult with the
exclusive representative for the personnel described in
subsection (a)(1)(A) under chapter 71 of title 5, United States
Code, as well as appropriate labor associations that represent
a substantial percentage of employees, on the formulation of
plans and deadlines to carry out the conversion of covered
employees and covered positions under this Act.
(2) Plans.--Before the conversion date, the Secretary shall
provide (in writing) to the exclusive representative and labor
associations described in paragraph (1) 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--
(A) the anticipated conversion date; and
(B) 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, or the
labor associations described in that subsection, the Secretary shall--
(1) consider the views or recommendations before taking
final action on any matter with respect to which the views or
recommendations are presented; and
(2) provide the exclusive representative and those labor
associations 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 that 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.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report on the efforts of the Administrator regarding
recruitment, including recruitment efforts relating to--
(1) veterans and the dependents of veterans; and
(2) members of the Armed Forces and the dependents of those
members.
(b) Contents.--The report required under subsection (a) shall
include recommendations regarding how the Administrator may improve the
recruitment efforts described in that subsection.
SEC. 9. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the personnel system of the Transportation Security
Administration provides insufficient benefits and workplace
protections to the workforce that secures the transportation
systems of the United States; and
(2) the workforce of the Transportation Security
Administration should be provided protections and benefits
under title 5, United States Code.
SEC. 10. FEDERAL AIR MARSHAL SERVICE.
The Administrator shall--
(1) implement in-person or remote (by means of
telecommunications) mental health programs at each field office
of the Federal Air Marshal Service that offer, at a minimum,
confidential and direct psychiatric counseling; and
(2) consult with appropriate labor associations that
represent a substantial percentage of Federal Air Marshal
Service employees regarding, with respect to those employees--
(A) mental health;
(B) suicide rates;
(C) morale and recruitment;
(D) equipment and training; and
(E) any other personnel issues the Administrator
determines appropriate.
SEC. 11. VETERANS HIRING.
(a) Definitions.--In this section, the terms ``disabled veteran'',
``preference eligible'', and ``veteran'' have the meanings given the
terms in section 2108 of title 5, United States Code.
(b) Prioritization.--The Secretary shall prioritize the appointment
of veterans, including disabled veterans, and other preference
eligibles, including widows and widowers of veterans, to covered
positions.
SEC. 12. 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 coronavirus, including appropriate resources.
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