[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S8044-S8045]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4525. Mr. SCHATZ submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. RIGHTS FOR THE TSA WORKFORCE.

       (a) Definitions.--In this section--
       (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 
     subparagraphs (A) through (D) of subsection (b)(3) 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.
       (b) Conversion of TSA Personnel.--
       (1) Restrictions on certain personnel authorities.--
     Notwithstanding any other provision of law, effective as of 
     the date of enactment of this Act--
       (A) 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;
       (B) 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
       (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) 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 
     paragraph (3).
       (3) 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--
       (A) each provision of law cited in subsection (a)(9) is 
     repealed;
       (B) any Transportation Security Administration personnel 
     management policy, letter, guideline, or directive, including 
     the 2019 Determination, shall cease to be effective;
       (C) 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

[[Page S8045]]

       (D) covered employees and covered positions shall be 
     subject to the provisions of title 5, United States Code.
       (4) Safeguards on grievances.--In carrying out this 
     section, 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 paragraph 
     (3), to have that grievance removed to proceedings pursuant 
     to title 5, United States Code, or continued within the 
     Administration.
       (c) Transition Rules.--
       (1) Nonreduction in pay and compensation.--
       (A) In general.--Subject to subparagraph (B), under pay 
     conversion rules as the Secretary may prescribe to carry out 
     this section, a covered employee converted from a TSA 
     personnel management system to the provisions of title 5, 
     United States Code, under subsection (b)(3)(D) shall not be 
     subject to any reduction in the rate of adjusted basic pay 
     payable, or total compensation provided, to that covered 
     employee.
       (B) 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 subsection (b)(3)(D) 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.
       (2) 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--
       (A) 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
       (B) 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.
       (3) 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--
       (A) with duty stations in the contiguous 48 States; and
       (B) with duty stations outside of the States described in 
     subparagraph (A), including those employees located in any 
     territory or possession of the United States.
       (4) Rule of construction.--During the transition period 
     described in subsection (b)(3), 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.
       (d) Consultation Requirement.--
       (1) Exclusive representative.--
       (A) In general.--The labor organization certified by the 
     Federal Labor Relations Authority on June 29, 2011, or a 
     successor labor organization, shall be--
       (i) 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
       (ii) the exclusive representative for the personnel 
     described in clause (i) under chapter 71 of title 5, United 
     States Code, with full rights under that chapter.
       (B) Application.--Any collective bargaining agreement 
     covering the personnel described in subparagraph (A)(i) that 
     is in effect on the date of enactment of this Act shall 
     remain in effect, consistent with paragraph (4).
       (2) Consultation rights.--
       (A) 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 
     paragraph (1)(A)(i) 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 section.
       (B) Plans.--Before the conversion date, the Secretary shall 
     provide (in writing) to the exclusive representative and 
     labor associations described in subparagraph (A) the plans 
     for how the Secretary intends to carry out the conversion of 
     covered employees and covered positions under this section, 
     including with respect to such matters as--
       (i) the anticipated conversion date; and
       (ii) measures to ensure compliance with subsections (b) and 
     (c).
       (3) Required agency response.--If any views or 
     recommendations are presented under paragraph (2) by the 
     exclusive representative, or the labor associations described 
     in that subsection, the Secretary shall--
       (A) consider the views or recommendations before taking 
     final action on any matter with respect to which the views or 
     recommendations are presented; and
       (B) provide the exclusive representative and those labor 
     associations a written statement of the reasons for the final 
     actions to be taken.
       (4) Sunset provision.--The provisions of this subsection 
     shall cease to be effective as of the conversion date.
       (e) No Right to Strike.-- Nothing in this section 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).
       (f) Rule of Construction With Respect to Certain Crimes 
     Relating to Terrorism.--Nothing in this section 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).
       (g) Report by GAO Regarding TSA Recruitment.--
       (1) 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--
       (A) veterans and the dependents of veterans; and
       (B) members of the Armed Forces and the dependents of those 
     members.
       (2) Contents.--The report required under paragraph (1) 
     shall include recommendations regarding how the Administrator 
     may improve the recruitment efforts described in that 
     paragraph.
       (h) 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.
       (i) 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.
       (j) Veterans Hiring.--
       (1) Definitions.--In this subsection, the terms ``disabled 
     veteran'', ``preference eligible'', and ``veteran'' have the 
     meanings given the terms in section 2108 of title 5, United 
     States Code.
       (2) 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.
       (l) 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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