[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1896 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1896

  To amend section 8331 of title 5, United States Code, and the Fair 
 Labor Standards Act of 1938 to clarify the treatment of availability 
    pay for Federal air marshals and criminal investigators of the 
    Transportation Security Administration, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 28, 2017

  Mr. Johnson introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To amend section 8331 of title 5, United States Code, and the Fair 
 Labor Standards Act of 1938 to clarify the treatment of availability 
    pay for Federal air marshals and criminal investigators of the 
    Transportation Security Administration, and for other purposes.

    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 ``TSA LEAP Pay Reform Act of 2017''.

SEC. 2. RETIREMENT-CREDITABLE BASIC PAY.

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