[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 903 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  2d Session
                                H. R. 903


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2022

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 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:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.