Rights for the Transportation Security Administration Workforce Act of 2021

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;

the term adjusted basic pay means—

the term Administrator means the Administrator of the Transportation Security Administration;

the term conversion date means the date on which paragraphs (1) through (4) of section 3(c) take effect;

the term covered employee means an employee who occupies a covered position;

the term covered position means a position within the Transportation Security Administration;

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);

the term Secretary means the Secretary of Homeland Security; and

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

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

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).

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—

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.

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—

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—

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.

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—

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

to repeal or otherwise affect—

to otherwise authorize any activity that is not permitted under either provision of law cited in paragraph (1).

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

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

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

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—

Contents— The report required under subsection (a) shall include recommendations regarding how the Administrator may improve the recruitment efforts described in that subsection.

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

the workforce of the Transportation Security Administration should be provided protections and benefits under title 5, United States Code.

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

consult with appropriate labor associations that represent a substantial percentage of Federal Air Marshal Service employees regarding, with respect to those employees—

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.

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.