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

<DOC>





                                                       Calendar No. 614
115th CONGRESS
  2d 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

            October 2 (legislative day, September 28), 2018

 Reported by Mr. Thune, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``TSA LEAP Pay Reform Act of 
2017''.</DELETED>

<DELETED>SEC. 2. RETIREMENT-CREDITABLE BASIC PAY.</DELETED>

<DELETED>    (a) Definition of Basic Pay.--Clause (ii) of section 
8331(3)(E) of title 5, United States Code, is amended to read as 
follows:</DELETED>
                        <DELETED>    ``(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;''.</DELETED>
<DELETED>    (b) Fair Labor Standards Act Exemption.--Section 13 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)(16)--</DELETED>
                <DELETED>    (A) by striking ``is paid'' and inserting 
                ``is entitled to''; and</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (2) in subsection (b)(30)--</DELETED>
                <DELETED>    (A) by striking ``is paid'' and inserting 
                ``is entitled to''; and</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (c) Effective Date; Applicability.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Retroactive application.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``TSA LEAP Pay Reform Act of 2018''.

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) 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).
            Amend the title so as to read: ``A bill to amend section 
        8331 of title 5, United States Code, to clarify the treatment 
        of availability pay for Federal air marshals and criminal 
        investigators of the Transportation Security Administration, 
        and for other purposes.''.
                                                       Calendar No. 614

115th CONGRESS

  2d Session

                                S. 1896

_______________________________________________________________________

                                 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.

_______________________________________________________________________

            October 2 (legislative day, September 28), 2018

        Reported with an amendment and an amendment to the title