,,ii  #aaeth ,,congress  #ast ,session  
,s4 #ahif  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #bh1
 #bjag,mr4 ,johnson introduced the      
following bill2 which was read twice and
 referred to the ,committee on          
,commerce1 ,science1 and ,transportation
  ,a ,,bill  ,to amend section #hcca of 
title #e1 ,united ,states ,code1 and the
 ,fair ,labor ,standards ,act of #aich  
to clarify the treatment of availability
 pay for ,federal air marshals and      
criminal investigators of the           
,transportation ,security               
,administration1 and for other purposes4
  #a4 ,short title ,this ,act may be    
cited as the ,,tsa ,,leap ,pay ,reform  
,act of #bjag4  #b4                     
,retirement-creditable basic pay  7a7   
,definition of basic pay ,clause 7ii7 of
 section #hcca7c77;,e7 of title #e1     
,united ,states ,code1 is amended to    
read as follows3  7ii7 received after   
,september #aa1 #bjja1 by a ,federal air
 marshal or criminal investigator 7as   

defined in section #eede;a7a77#b77 of   
the ,transportation ,security           
,administration1 subject to all         
restrictions and earning limitations    
imposed on criminal investigators       
receiving such pay under section        
#eede;a1 including the premium pay      
limitations under section #eedg2  4  7b7
 ,fair ,labor ,standards ,act exemption 
,section #ac of the ,fair ,labor        
,standards ,act of #aich 7#bi ,u4,s4,c4 
#bac7 is amended-- 7#a7 in subsection   
7a77#af7--  7,a7 by striking is paid and
 inserting is entitled to2 and  7,b7 by 
inserting 1 or a ,federal air marshal or
 criminal investigator employed by the  
,administrator of the ,transportation   
,security ,administration who is        
entitled to such availability pay1 as   
described in section #hcca7c77;,e77ii7  
of such title 7where entitlement is     
determined before the application of any
 premium pay limitation7 before the     
semicolon2 and  7#b7 in subsection      
7b77#cj7-- 7,a7 by striking is paid and 

inserting is entitled to2 and  7,b7 by  
inserting 1 or a ,federal air marshal or
 criminal investigator employed by the  
,administrator of the ,transportation   
,security ,administration who is        
entitled to such availability pay1 as   
described in section #hcca7c77;,e77ii7  
of such title 7where entitlement is     
determined before the application of any
 premium pay limitation7 before the     
period4  7c7 ,effective date2           
applicability  7#a7 ,in general ,subject
 to paragraph 7#b71 this ,act1 and the  
amendments made by this ,act1 shall take
 effect on the first day of the first   
pay period commencing on or after the   
date of enactment of this ,act4  7#b7   
,retroactive application  7,a7 ,in      
general ,any availability pay received  
for any pay period commencing before the
 date of enactment of this ,act by a    
,federal air marshal or criminal        
investigator employed by the            
,transportation ,security               
,administration shall be deemed basic   

pay under section #hcca7c7 of title #e1 
,united ,states ,code1 if the           
,transportation ,security               
,administration treated such pay as     
retirement-creditable basic pay1 but the
 ,office of ,personnel ,management1     
based on an interpretation of section   
#hcca7c7 of title #e1 ,united ,states   
,code1 did not accept such pay as       
retirement-creditable basic pay4  7,b7  
,implementation ,not later than #c      
months after the date of enactment of   
this ,act1 the ,director of the ,office 
of ,personnel ,management shall commence
 taking such actions as are necessary to
 implement the amendments made by this  
section with respect to availability pay
 deemed to be basic pay under           
subparagraph 7,a74