[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 903 Reported in House (RH)]
<DOC>
Union Calendar No. 230
117th CONGRESS
2d Session
H. R. 903
[Report No. 117-310, Part I]
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
May 6, 2022
Additional sponsors: Mr. Lynch, Mr. Payne, Mrs. Demings, Mr. Cleaver,
Mr. Torres of New York, Ms. DeGette, Ms. Norton, Ms. Moore of
Wisconsin, Mr. Crow, Mr. Smith of Washington, Mr. Vargas, Ms. Escobar,
Mr. Moulton, Mr. Lowenthal, Mr. Michael F. Doyle of Pennsylvania, Mr.
Foster, Mr. Suozzi, Ms. Houlahan, Mr. Espaillat, Mr. Costa, Mr. Kim of
New Jersey, Mr. Welch, Mr. Huffman, Mr. Garamendi, Mr. Pascrell, Ms.
Meng, Mr. Lamb, Mr. Rush, Mrs. Hayes, Mrs. Beatty, Ms. DelBene, Ms.
Kaptur, Mr. Levin of Michigan, Mrs. Luria, Mr. Fitzpatrick, Mr. Zeldin,
Mr. Sires, Mr. Phillips, Mr. Van Drew, Mr. Peters, Ms. Schakowsky, Ms.
Scanlon, Ms. Bonamici, Ms. Pingree, Mr. Perlmutter, Mr. Blumenauer, Mr.
Connolly, Mrs. Napolitano, Mr. McKinley, Mr. Malinowski, Mr. Pallone,
Mr. Gallego, Miss Rice of New York, Mr. O'Halleran, Mr. Higgins of New
York, Mr. Swalwell, Mr. Sherman, Mr. Sean Patrick Maloney of New York,
Mr. Levin of California, Mrs. Dingell, Mr. David Scott of Georgia, Mr.
Morelle, Ms. Davids of Kansas, Ms. Wild, Mr. Carbajal, Mrs. Torres of
California, Mr. Ruppersberger, Mr. Crist, Mr. Smith of New Jersey, Mr.
Pocan, Mr. Tonko, Mr. Jeffries, Mr. Rodney Davis of Illinois, Mr.
Raskin, Mr. Schrader, Mr. Langevin, Ms. Castor of Florida, Mr. Pappas,
Ms. Blunt Rochester, Mr. Stauber, Mr. Case, Ms. Newman, Ms. Eshoo, Ms.
Brownley, Mr. Allred, Mr. Mfume, Mr. Trone, Mr. Kilmer, Ms. Lee of
California, Mr. Neguse, Mr. Khanna, Mr. Evans, Mrs. Bustos, Ms. Dean,
Mr. Price of North Carolina, Mr. Jones, Ms. Lois Frankel of Florida,
Mr. Cartwright, Mr. Ryan, Ms. Wilson of Florida, Ms. Pressley, Mr.
Sarbanes, Mr. Himes, Mr. Kind, Mrs. Fletcher, Mr. Larsen of Washington,
Mrs. Kirkpatrick, Ms. Johnson of Texas, Ms. Strickland, Ms. Schrier,
Mr. Gottheimer, Ms. Barragan, Mr. Garbarino, Ms. Manning, Mrs. Murphy
of Florida, Mr. Lieu, Ms. Tlaib, Mr. Bacon, Ms. Underwood, Ms.
Wasserman Schultz, Ms. Titus, Mr. Norcross, Mrs. Axne, Mr. Takano, Mr.
Soto, Ms. Jayapal, Mr. Brown of Maryland, Mr. Johnson of Georgia, Ms.
Ross, Mr. Bowman, Ms. McCollum, Ms. Omar, Mr. Larson of Connecticut,
Ms. Sewell, Ms. Kelly of Illinois, Mr. Garcia of Illinois, Mr. Kildee,
Mrs. Lawrence, Ms. Spanberger, Mr. Brendan F. Boyle of Pennsylvania,
Mr. Delgado, Mr. Krishnamoorthi, Mr. Correa, Ms. Chu, Mrs. Trahan, Ms.
Wexton, Ms. Sherrill, Mr. Meeks, Ms. Sanchez, Ms. Bass, Ms. Clarke of
New York, Ms. Porter, Ms. Lofgren, Ms. Velazquez, Mr. Harder of
California, Mr. McGovern, Mr. Grijalva, Mr. Scott of Virginia, Mr.
DeSaulnier, Ms. Slotkin, Mr. Young, Ms. Stevens, Mr. Panetta, Ms.
Bourdeaux, Ms. Jackson Lee, Mr. Cicilline, Mr. Danny K. Davis of
Illinois, Ms. Craig, Ms. Williams of Georgia, Ms. Garcia of Texas, Ms.
Waters, Mr. Gomez, Mr. Vela, Mr. Vicente Gonzalez of Texas, Ms. Adams,
Mr. Kahele, Mr. Quigley, Mr. Schneider, Ms. Plaskett, Mr. Joyce of
Ohio, Mr. Thompson of California, Ms. Speier, Mr. Cuellar, Mr. Doggett,
Mr. Ruiz, Mr. Carson, Mr. Green of Texas, Mr. Castro of Texas, Mr.
Cardenas, Mr. Courtney, Mr. Yarmuth, Mr. Keating, Mr. McEachin, Mr.
Schiff, Mr. Stanton, Mr. McNerney, Ms. Clark of Massachusetts, Mr.
Horsford, Mr. Beyer, Mr. Sablan, Ms. Kuster, Mr. Auchincloss, Mrs.
Radewagen, Mr. Golden, Ms. Jacobs of California, Mr. San Nicolas, Mr.
Butterfield, Mr. Veasey, Mr. Lawson of Florida, Mr. Deutch, Mrs.
McBath, Mr. Neal, Mr. Aguilar, Mr. Cooper, Mr. Nadler, Mr. Carter of
Louisiana, Mr. Cohen, Ms. Matsui, Mr. Bera, Ms. Stansbury, Mr. Mrvan,
Ms. Malliotakis, Ms. Ocasio-Cortez, Ms. Brown of Ohio, Mr. Bost, and
Mrs. Cherfilus-McCormick
May 6, 2022
Reported from the Committee on Homeland Security with amendments
[Strike out all after the enacting clause and insert the part printed
in italic]
May 6, 2022
Committee on Oversight and Reform discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed
[For text of introduced bill, see copy of bill as introduced on
February 5, 2021]
_______________________________________________________________________
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 ``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, letters, 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 effective date in subsection (c)(1). 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.--For purposes of determining a covered
employee's average pay to calculate 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, the higher of
the following shall be used:
(1) The covered employee's annual rate of basic pay on the
first date of the pay period following the conversion under
section 3(c)(1).
(2) The amount determined consistent with sections 8331(4)
or 8401(3) of such title 5, whichever is applicable.
(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) 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.
(e) 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, notwithstanding any
limitation on accumulated leave under chapter 63 of title 5,
United States Code; and
(2) part-time personnel carrying out screening functions
under section 44901 of title 49, United States Code, continue
to pay Federal Employees Health Benefits premiums on the same
basis as full-time TSA employees.
(f) Provision of Additional Benefits.--Subject to negotiations with
the exclusive representative of full- and part-time non-supervisory
Transportation Security Administration personnel carrying out screening
functions under section 44901 of title 49, United States Code, pursuant
to chapter 71 of title 5, United States Code, following the application
of such chapter 71 pursuant to section 3(c)(2) of this Act, the
Administrator may--
(1) notwithstanding chapter 63 of title 5, United States
Code, provide leave benefits for covered employees that exceed
those otherwise provided under such chapter;
(2) notwithstanding chapter 55 of title 5, United States
Code, provide pay for covered employees that exceeds that
otherwise provided under such chapter; and
(3) notwithstanding sections 5753 and 5754 of title 5,
United States Code, set payable rates and conditions for the
payment of incentives and bonuses that exceed those otherwise
provided under such sections.
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 mutual consent of the parties by local level
bargaining and local level agreements.
(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 RESTRICTIONS.
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 uniformly apply, 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, and
section 44936 of title 49, United States Code.
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.
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) 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.
Not later than 90 days following the date of enactment of this Act,
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.
Amend the title so as to read: ``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.''.
Union Calendar No. 230
117th CONGRESS
2d Session
H. R. 903
[Report No. 117-310, Part I]
_______________________________________________________________________
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.
_______________________________________________________________________
May 6, 2022
Reported from the Committee on Homeland Security with amendments
May 6, 2022
Committee on Oversight and Reform discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed