[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4334 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4334
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 14, 2024
Mr. Schatz (for himself, Mr. Peters, Mr. Casey, Mr. Warnock, Mr.
Hickenlooper, Mr. Carper, Mr. Heinrich, Ms. Hirono, Ms. Klobuchar, Mr.
Sanders, Mr. Fetterman, Ms. Stabenow, Ms. Cortez Masto, Mr. Kaine, Ms.
Smith, Ms. Rosen, Ms. Duckworth, Mr. Padilla, Mr. Wyden, Mrs. Shaheen,
Mr. Bennet, Ms. Butler, Mr. Merkley, Mr. Durbin, Mr. Tester, Mr.
Blumenthal, Mr. Van Hollen, Ms. Warren, Ms. Hassan, and Mr. Cardin)
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 2024'' or the ``Rights for the
TSA Workforce Act of 2024''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``2022 Determination'' means the publication,
entitled ``Determination on Transportation Security Officers
and Collective Bargaining'', issued on December 30, 2022, by
Administrator David P. Pekoske, as modified, or any superseding
subsequent determination;
(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 ``Administration'' means the Transportation
Security Administration;
(4) the term ``Administrator'' means the Administrator of
the Administration;
(5) the term ``appropriate congressional committees''
means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on Homeland Security of the House
of Representatives; and
(D) the Committee on Oversight and Accountability
of the House of Representatives;
(6) the term ``conversion date'' means the date on which
subparagraphs (A) through (F) of section 3(c)(1) take effect;
(7) the term ``covered employee'' means an employee who
occupies a covered position;
(8) the term ``covered position'' means a position within
the Administration;
(9) the term ``employee'' has the meaning given the term in
section 2105 of title 5, United States Code;
(10) the term ``screening agent'' means a full- or part-
time non-supervisory covered employee carrying out screening
functions under section 44901 of title 49, United States Code;
(11) the term ``Secretary'' means the Secretary of Homeland
Security; and
(12) 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.--
(1) In general.--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 personnel
management policy, letter, guideline, or directive of
the Administration in effect on that day, may not be
modified;
(B) no personnel management policy, letter,
guideline, or directive of the Administration that was
not established before that 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
personnel management policy, letter, guideline, or
directive of the Administration relating to annual
adjustments to pay schedules and locality-based
comparability payments in order to maintain parity with
those adjustments authorized under sections 5303, 5304,
5304a, and 5318 of title 5, United States Code.
(B) Additional policy.--Notwithstanding paragraph
(1)(B), new personnel management policy of the
Administration may be established if--
(i) that 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 that policy,
with an explanation of the necessity of that
policy, to the appropriate congressional
committees not later than 7 days after the date
on which the policy is issued.
(C) Emerging threats to transportation security
during transition period.--
(i) In general.--Notwithstanding paragraph
(1), any personnel management policy, letter,
guideline, or directive of the Administration
relating 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.
(ii) Submission to congress.--Not later
than 7 days after the date on which any
personnel management policy, letter, guideline,
or directive of the Administration is modified
or established under clause (i), the Secretary
shall provide to the appropriate congressional
committees that established or modified policy,
letter, guideline, or directive, as applicable,
which shall contain an explanation of the
necessity of that establishment or
modification.
(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
personnel management policy, letter, guideline, or directive of the
Administration 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 beginning on a date determined by the Secretary, but
in no event later than December 31, 2024--
(A) all TSA personnel management systems 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 (Public Law 107-71; 49
U.S.C. 44935 note) is repealed;
(D) any personnel management policy, letter,
guideline, or directive of the Administration,
including the 2022 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) chapters 71 and 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)
relating to matters otherwise covered by chapter 71 or
77 of title 5, United States Code, shall cease to be
effective.
(3) Assistance of other agencies.--Not later than 180 days
after the date of enactment of this Act, or December 31, 2024,
whichever is earlier--
(A) the Director of 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 National Finance Center of the Department
of Agriculture shall make necessary changes to
Financial Management Services and Human Resources
Management Services to ensure payroll, leave, and other
personnel processing systems for covered employees are
consistent 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 the Administration on the date of
enactment of this Act or initiated during the period described
in subsection (c)(2) may have that grievance or appeal removed
to proceedings pursuant to title 5, United States Code, or
continued within the Administration.
(2) Authority.--With respect to any grievance or appeal
continued within the Administration under paragraph (1), the
Administrator may consider and finally adjudicate that
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 under this
subsection that is not finally adjudicated under 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 under subsection (c)(2).
SEC. 4. TRANSITION RULES.
(a) Nonreduction in Pay and Compensation.--Under such 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)(1)(F)--
(1) may not be subject to any reduction in either the rate
of adjusted basic pay payable or law enforcement availability
pay payable to that 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
covered 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
converted rate of pay of the covered employee.
(b) Retirement Pay.--
(1) In general.--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 the
average rate of basic pay of any covered employee who retires
not later than 3 years after the conversion date for purposes
of calculating the retirement annuity of the covered employee.
(2) Requirements.--The proposal required under paragraph
(1) shall be structured in a manner that--
(A) is consistent with title 5, United States Code;
and
(B) appropriately accounts for the service of a
covered employee to which the proposal applies, and the
annual rate of basic pay of such a covered employee,
following the conversion date.
(c) Limitation on Premium Pay.--
(1) In general.--Notwithstanding section 5547 of title 5,
United States Code, or any other provision of law, a Federal
air marshal or criminal investigator who is appointed to that
position before the date of enactment of this Act may be
eligible for premium pay up to the maximum level allowed by the
Administrator before the date of enactment of this Act.
(2) OPM recognition.--The Director of the Office of
Personnel Management shall recognize premium pay paid pursuant
to paragraph (1) 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--
(A) in subsection (a)(2), in the matter preceding
subparagraph (A), by striking ``subsection (k)'' and
inserting ``subsection (l)'';
(B) by redesignating subsection (k) as subsection
(l); and
(C) by inserting after subsection (j) the
following:
``(k) The provisions of subsections (a) through (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 title 5, United States Code,
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 (29 U.S.C. 207).''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall apply beginning on the conversion date.
(e) Collective Bargaining Unit.--Notwithstanding section 7112 of
title 5, United States Code, following the application of chapter 71 of
that title pursuant to section 3(c)(2) of this Act, screening agents
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 beginning on the conversion date,
and for 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 covered employee until used, subject to any
limitation on accumulated leave under chapter 63 of title 5,
United States Code.
(2) Part-time screening agents pay premiums under chapter
89 of title 5, United States Code, on the same basis as full-
time covered employees.
(3) Notwithstanding section 6329a of title 5, United States
Code, covered employees are provided appropriate leave during
national emergencies to assist the covered employees and ensure
the Administration meets mission requirements.
(4) Eligible screening agents 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) Notwithstanding sections subsections (c), (e), and (f)
of section 5754 of title 5, United States Code, eligible
covered employees receive group retention incentives, as
appropriate.
SEC. 5. CONSULTATION REQUIREMENT.
(a) Exclusive Representative.--
(1) In general.--
(A) Application.--Beginning on the date that
chapter 71 of title 5, United States Code (referred to
in this subsection as ``chapter 71''), begins to apply
to covered employees under 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 screening agents and shall be the
exclusive representative for screening agents under
chapter 71, with full rights under chapter 71.
(B) Rule of construction.--Nothing in this
subsection may be construed to prevent covered
employees from selecting an exclusive representative
other than the labor organization described in
paragraph (1) for purposes of collective bargaining
under chapter 71.
(2) National level.--
(A) In general.--Notwithstanding any provision of
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 issues of any local unit of
covered employees not otherwise covered by a national
agreement.
(B) Mutual consent required.--Local-level
bargaining and local-level agreements described in
subparagraph (A) shall occur only by mutual consent of
the exclusive representative of screening agents and
the Federal Security Director (or a designee of such an
official) of those screening agents.
(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 chapter 71, unless the
Administrator and exclusive representative mutually agree to
revisions to such an agreement.
(b) Consultation Process.--
(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 screening agents described in
subsection (a)(1) under chapter 71 of title 5, United States
Code, on the formulation of plans and deadlines to carry out
the conversion, under this Act, of those screening agents.
(2) Written plans.--Before the date on which chapter 71 of
title 5, United States Code, begins to apply under section
3(c)(2), the Secretary shall provide (in writing) to the
exclusive representative described in paragraph (1) the plans
for how the Secretary intends to carry out the conversion of
covered employees 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
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 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 that is not
permitted under a provision of law described in subparagraph
(A) or (B) of paragraph (1).
SEC. 7. PROPOSAL ON HIRING AND CONTRACTING BACKGROUND CHECK
REQUIREMENTS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall submit to the appropriate congressional committees a
plan to harmonize and update, for the purposes of making appointments
and for authorizing or entering into any contract for service, the
restrictions under 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 employment
investigations and restrictions).
SEC. 8. COMPTROLLER GENERAL REVIEWS.
(a) Review of 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
Administration regarding recruitment, including recruitment
efforts relating to veterans, the dependents of veterans,
members of the Armed Forces, and the dependents of such
members.
(2) Recruitment.--The report required under paragraph (1)
shall include recommendations regarding how the Administration
may improve the recruitment efforts described in that
paragraph.
(b) Review of Implementation.--The Comptroller General of the
United States shall--
(1) not later than 60 days after the conversion date,
commence a review of the implementation of this Act; and
(2) not later than 1 year after the conversion date, submit
to Congress a report on the review conducted under paragraph
(1).
(c) Review of Promotion Policies and Leadership Diversity.--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--
(1) on the efforts of the Administration to ensure that
recruitment, appointment, promotion, and advancement
opportunities within the Administration are equitable and
provide for demographics among senior leadership that are
reflective of the workforce demographics of the United States;
and
(2) that, to the extent possible, includes--
(A) an overview and analysis of the current (as of
the date on which the report is submitted) demographics
of the leadership of the Administration; and
(B) as appropriate, recommendations to improve
appointment and promotion procedures and diversity in
leadership roles, which may include recommendations for
how the Administration can better promote from within
the Administration and retain and advance covered
employees.
(d) Review of Harassment and Assault Policies and Protections.--
(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
Administration to ensure the safety of the staff of the
Administration with respect to harassment and assault in the
workplace, such as incidents--
(A) of sexual harassment and violence and
harassment and violence motivated by the perceived
race, ethnicity, religion, gender identity, or
sexuality of an individual; and
(B) in which the alleged perpetrator is a member of
the general public.
(2) Inclusions.--The report required under paragraph (1)
shall include--
(A) an overview and analysis of the current (as of
the date on which the report is submitted) policies and
response procedures of the Administration;
(B) a detailed description of if, when, and how the
policies described in subparagraph (A) fail to
adequately protect covered employees; and
(C) as appropriate, recommendations for steps the
Administration can take to better protect covered
employees from harassment and violence in the
workplace.
(3) Opportunity for comment.--In conducting the review
required under this subsection, the Comptroller General of the
United States shall provide opportunities for covered employees
of all levels and positions, and labor organizations and
associations representing those covered employees, to submit
comments, including in an anonymous form, and take those
comments into account in the final recommendations of the
Comptroller General.
SEC. 9. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) TSA personnel management systems provide insufficient
benefits and workplace protections to the workforce that
secures the transportation systems of the United States;
(2) covered employees should be provided protections and
benefits under title 5, United States Code; and
(3) the provision of the protections and benefits described
in paragraph (2) should not result in a reduction of pay or
benefits to current covered employees.
SEC. 10. ASSISTANCE FOR FEDERAL AIR MARSHAL SERVICE.
The Administrator shall 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. STUDY ON FEASIBILITY OF COMMUTING BENEFITS.
(a) In General.--Not later than 270 days after the date of
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 those covered employees regularly traveling between parking
lots and bus and transit stops of airports and screening checkpoints
before and after the regular work day.
(b) Considerations.--In conducting the study required under
subsection (a), the Administrator shall consider--
(1) the amount of time needed to travel to and from parking
lots and bus and transit stops of airports at small hub
airports, medium hub airports, and large hub airports, as those
terms are defined in section 40102 of title 49, United States
Code;
(2) the feasibility of using mobile phones and location
data to allow covered employees to report their arrival to and
departure from parking lots and bus and transit stops of
airports; and
(3) the estimated costs of treating the amount of time
described in paragraph (1) as hours of employment time spent.
SEC. 12. BRIEFING ON ASSAULTS AND THREATS ON TSA EMPLOYEES.
Not later than 90 days after the date of 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 assaults or threats made by members of the general
public against screening agents since January 1, 2019.
(2) Procedures for reporting the assaults and threats
described in paragraph (1), including information on how the
Administrator communicates the availability of those
procedures.
(3) Any steps taken by the Administration to prevent and
respond to the assaults and threats described in paragraph (1).
(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 the assaults and threats
described in paragraph (1).
SEC. 13. ANNUAL REPORTS ON TSA WORKFORCE.
Not later than 1 year after the date of 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 Federal Employee Viewpoint Survey of
the Office of Personnel Management 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
workforce of the Administration.
(3) Information relating to actions taken by the
Administration intended to improve workforce morale and
retention.
SEC. 14. 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
and the amendments made by this Act.
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