Lineage

May 16, 2022 Referred in Senate Received; read twice and referred to the Committee on Commerce, Science, and Transportation See what changed
May 12, 2022 Engrossed in House See what changed
Feb 5, 2021viewing Reported in House 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 See what changed
Feb 5, 2021 Introduced in House 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

H.R. 903 — what changed

Rights for the Transportation Security Administration Workforce Act of 2022

From Introduced in House to Reported in House. 11 sections amended between Introduced in House and Reported in House.

Sec. 2 Definitions

For purposes of this Act—

(1)

changed the term ~~“adjusted~~ adjusted basic ~~pay”~~ 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)

changed the term ~~“Administrator”~~ Administrator means the Administrator of the Transportation Security Administration;

(3)

changed the term ~~“covered employee”~~ “appropriate congressional committees” means ~~an employee who holds a covered position;~~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)

changed the term ~~“covered position”~~ “at-risk employee” means a ~~position within~~ Transportation Security Officer, Federal Air Marshal, canine handler, or any other employee of the Transportation Security ~~Administration;~~Administration carrying out duties that require substantial contact with the public during the COVID–19 national emergency;

(5)

changed the term ~~“conversion date”~~ conversion date means the date as of which ~~paragraphs (1)~~ subparagraphs (A) through ~~(4)~~ (F) of section ~~3(c)~~ 3(c)(1) take effect;

(6)

changed the term ~~“2019 Determination”~~ covered employee means ~~the publication, entitled “Determination on Transportation Security Officers and Collective Bargaining”, issued on July 13, 2019, by Administrator David P. Pekoske;~~an employee who holds a covered position;

(7)

changed the term ~~“employee” has~~ covered position means a position within the ~~meaning given such term by section 2105 of title 5, United States Code;~~Transportation Security Administration;

(8)

changed the term ~~“Secretary”~~ “COVID–19 national emergency” means the ~~Secretary of Homeland Security; and~~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)

changed the term ~~“TSA personnel management system” means any personnel management system established or modified under—~~employee has the meaning given such term by section 2105 of title 5, United States Code;

(10)

added the term Secretary means the Secretary of Homeland Security;

(11)

added the term TSA personnel management system means any personnel management system established or modified under—

(A)

renumbered was (11)(2) section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note); or

(B)

added section 114(n) of title 49, United States Code;

(12)

added the term “TSA” means the Transportation Security Administration; and

(13)

added 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.

(B)

removed ~~section 114(n) of title 49, United States Code.~~

Sec. 3 Conversion of TSA personnel

(a)

added Restrictions on certain personnel authorities—

(1)

added 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)

added 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;

(a)

removed ~~Restrictions on certain personnel authorities—~~ ~~Notwithstanding any other provision of law, effective as of the date of the enactment of this Act—~~

(1)

removed 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, letters, guideline, or directive in effect on such day may not be modified;

(B)

renumbered was (2)(4) 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)

renumbered was (2)(5) 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)

added Exceptions—

(A)

added 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)

added Additional policy— Notwithstanding paragraph (1)(B), new TSA personnel management policy may be issued if—

(i)

added 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)

added the Secretary provides such policy, with an explanation of its necessity, to the appropriate congressional committees not later than 7 days of issuance.

(C)

added 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)

changed 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 ~~effective date under subsection (c).~~conversion date.

(c)

added Transition to title 5—

(1)

added 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)

added the TSA personnel management system shall cease to be in effect;

(B)

added section 114(n) of title 49, United States Code, is repealed;

(C)

added section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) is repealed;

(c)

removed ~~Transition to general personnel management system applicable to civil service employees—~~ ~~Effective as of the date determined by the Secretary, but in no event later than 180 days after the date of the enactment of this Act—~~

(1)

removed ~~each provision of law cited in section 2(9) is repealed;~~

(D)

renumbered was (4)(4) any TSA personnel management policy, letter, guideline, and directive, including the 2019 Determination, shall cease to be effective;

(E)

renumbered was (4)(5) 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)

renumbered was (4)(6) covered employees and covered positions shall be subject to the provisions of title 5, United States Code.

(2)

added Chapters 71 and 77 of title 5— Not later than 90 days after the date of enactment of this Act—

(A)

added 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)

added 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)

added 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)

added 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)

added 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)

added Safeguards on grievances and appeals—

(1)

added 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)

added 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)

added 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.

(d)

removed ~~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 TSA on the date of the enactment of this Act or at any time during the transition period described in subsection (c) to have such grievance removed to proceedings pursuant to title 5, United States Code, or continued within TSA.

Sec. 4 Transition rules

(a)

changed 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 ~~2(c)(4) shall not be subject to any reduction in the rate of adjusted basic pay payable, or total compensation provided, to such covered employee.~~3(c)(1)(F)—

(1)

added 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)

added 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)

added 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)

added 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)

added The amount determined consistent with sections 8331(4) or 8401(3) of such title 5, whichever is applicable.

(c)

added 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)

added 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)

renumbered was (3) 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)

added 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)

added 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)

added 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)

added notwithstanding chapter 63 of title 5, United States Code, provide leave benefits for covered employees that exceed those otherwise provided under such chapter;

(2)

added notwithstanding chapter 55 of title 5, United States Code, provide pay for covered employees that exceeds that otherwise provided under such chapter; and

(3)

added 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.

(1)

removed 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; and

(2)

removed the Government share of any premiums or other periodic charges under chapter 89 of title 5, United States Code, governing group health insurance shall remain at least the same as was the case immediately before the conversion date.

(c)

removed ~~GAO study on TSA pay rates—~~ Not later than the date that is nine months after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the differences in rates of pay, classified by pay system, between Transportation Security Administration employees—

(1)

removed ~~with duty stations in the contiguous 48 States; and~~

(2)

removed ~~with duty stations outside of such States, including those employees located in any territory or possession of the United States.~~

(d)

removed ~~Rule of construction—~~ During the transition period and after the conversion date, the Secretary shall ensure that the Transportation Security Administration continues to prevent the hiring 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)

added Exclusive representative—

(1)

added In general—

(A)

added 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)

added 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)

added 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)

added 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.

(a)

removed ~~Exclusive representative—~~ The labor organization certified by the Federal Labor Relations Authority on June 29, 2011, or 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. Any collective bargaining agreement covering such personnel on the date of enactment of this Act shall remain in effect, consistent with subsection (d).

(b)

changed Consultation ~~rights—~~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 ~~covered employees~~ full- and ~~covered positions~~ 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 ~~conversion date,~~ 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 ~~covered employees and covered positions~~ 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.

(d)

removed ~~Sunset provision—~~ ~~The provisions of this section shall cease to be effective as of the conversion date.~~

Sec. 7 Proposal on hiring and contracting restrictions

changed ~~Nothing in~~ Not later than one year after the date of enactment of this ~~Act may be construed~~ Act, the Secretary shall submit a plan to ~~contradict chapter 113B~~ 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 ~~18,~~ 46, United States Code, ~~including with respect to—~~and section 44936 of title 49, United States Code.

(1)

removed ~~section 2332b (relating to acts of terrorism transcending national boundaries);~~

(2)

removed ~~section 2339 (relating to harboring or concealing terrorists); and~~

(3)

removed ~~section 2339A (relating to providing material support to terrorists).~~

Sec. 8 Comptroller General reviews

(a)

added 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)

added 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.

removed Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the efforts of the Transportation Security Administration 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 Administration may improve such recruitment efforts.

Sec. 9 Sense of Congress

changed It is the sense of Congress that the Transportation Security Administration’s personnel system provides insufficient benefits and workplace protections to the workforce that secures the nation’s transportation systems and that the Transportation Security Administration’s workforce should be provided protections and benefits under title 5, United States Code.that—

(1)

added 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)

added 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

changed The Administrator ~~of the Transportation Security Administration shall engage and consult with public and private entities associated~~ may communicate with ~~the~~ organizations representing a significant number of Federal Air ~~Marshal Service~~ 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

changed ~~Beginning on~~ The Administrator, in coordination with the ~~date~~ Director of the ~~enactment~~ Centers for Disease Control and Prevention and the Director of ~~this Act,~~ the National Institute of Allergy and Infectious Diseases, shall ensure that covered employees ~~may not use or have installed on United States Government-issued mobile devices~~ are provided proper guidance regarding prevention and protections against the ~~social media video application known as “TikTok” or any successor application.~~COVID-19 National Emergency, including appropriate resources.

Sec. 12 Hazardous duty payments

changed ~~The Secretary shall prioritize~~ Not later than 90 days following the ~~hiring~~ date of ~~veterans, including disabled veterans, and other preference eligible individuals, including widows and widowers~~ enactment of ~~veterans, as defined in section 2108~~ this Act, the Administrator shall provide a one-time bonus payment of ~~title 5, United States Code, for covered positions.~~$3,000 to each at-risk employee.

Sec. 13 Authorization of appropriations

changed The Administrator of the Transportation Security Administration, 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.There is authorized to be appropriated such sums as may be necessary, to remain available until expended, to carry out this Act.