[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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