#aagth ,,congress #b;d ,session ,h4 ,r4 #ijc ,,an ,,act ,to enhance the security operations of the ,transportation ,security ,administration and stability of the transportation security workforce by applying the personnel system under title #e1 ,united ,states ,code1 to employees of the ,transportation ,security ,administration1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,rights for the ,transportation ,security ,administration ,workforce ,act of #bjbb or the ,rights for the ,,tsa ,workforce ,act of #bjbb4 #b4 ,definitions ,for purposes of this ,act-- 7#a7 the term adjusted basic pay means-- 7,a7 the rate of pay fixed by law or administrative action for the position held by a covered employee before any deductions2 and 7,b7 any regular1 fixed supplemental payment for non-overtime hours of work creditable as basic pay for retirement purposes1 including any applicable locality payment and any special rate supplement2 7#b7 the term ,administrator means the ,administrator of the ,transportation ,security ,administration2 7#c7 the term appropriate congressional committees means the ,committees on ,homeland ,security and ,oversight and ,reform of the ,house of ,representatives and the ,committees on ,commerce1 ,science1 and ,transportation and ,homeland ,security and ,governmental ,affairs of the ,senate2 7#d7 the term at-risk employee means a ,transportation ,security ,officer1 ,federal ,air ,marshal1 canine handler1 or any other employee of the ,transportation ,security ,administration carrying out duties that require substantial contact with the public during the ,,covid-#ai national emergency2 7#e7 the term conversion date means the date as of which subparagraphs 7,a7 through 7,f7 of section #c7;c77#a7 take effect2 7#f7 the term covered employee means an employee who holds a covered position2 7#g7 the term covered position means a position within the ,transportation ,security ,administration2 7#h7 the term ,,covid-#ai national emergency means the national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 on ,march #ac1 #bjbj1 with respect to the coronavirus2 7#i7 the term employee has the meaning given such term by section #baje of title #e1 ,united ,states ,code2 7#aj7 the term ,secretary means the ,secretary of ,homeland ,security2 7#aa7 the term ,,tsa personnel management system means any personnel management system established or modified under-- 7,a7 section #aaa7;d7 of the ,aviation and ,transportation ,security ,act 7#di ,u4,s4,c4 #ddice note72 or 7,b7 section #aad7n7 of title #di1 ,united ,states ,code2 7#ab7 the term ,,tsa means the ,transportation ,security ,administration2 and 7#ac7 the term #bjai ,determination means the publication1 entitled ,determination on ,transportation ,security ,officers and ,collective ,bargaining1 issued on ,july #ac1 #bjai1 by ,administrator ,david ,p4 ,pekoske1 as modified1 or any superseding subsequent determination4 #c4 ,conversion of ,,tsa personnel 7a7 ,restrictions on certain personnel authorities 7#a7 ,in general ,notwithstanding any other provision of law1 and except as provided in paragraph 7#b71 effective as of the date of the enactment of this ,act-- 7,a7 any ,,tsa personnel management system in use for covered employees and covered positions on the day before such date of enactment1 and any ,,tsa personnel management policy1 letter1 guideline1 or directive in effect on such day may not be modified2 7,b7 no ,,tsa personnel management policy1 letter1 guideline1 or directive that was not established before such date issued pursuant to section #aaa7;d7 of the ,aviation and ,transportation ,security ,act 7#di ,u4,s4,c4 #ddice note7 or section #aad7n7 of title #di1 ,united ,states ,code1 may be established2 and 7,c7 any authority to establish or adjust a human resources management system under chapter #ig of title #e1 ,united ,states ,code1 shall terminate with respect to covered employees and covered positions4 7#b7 ,exceptions 7,a7 ,pay ,notwithstanding paragraph 7#a77;,a71 the limitation in that paragraph shall not apply to any ,,tsa personnel management policy1 letter1 guideline1 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 #ecjc1 #ecjd1 #ecjd;a1 and #ecah of title #e1 ,united ,states ,code2 and 7,b7 ,additional policy ,notwithstanding paragraph 7#a77;,b71 new ,,tsa personnel management policy may be issued if-- 7i7 such policy is needed to resolve a matter not specifically addressed in policy in effect on the date of enactment of this ,act2 and 7ii7 the ,secretary provides such policy1 with an explanation of its necessity1 to the appropriate congressional committees not later than #g days of issuance4 7,c7 ,emerging threats to transportation security during transition period ,notwithstanding paragraph 7#a71 any ,,tsa personnel management policy1 letter1 guideline1 or directive related to an emerging threat to transportation security1 including national emergencies or disasters and public health threats to transportation security1 may be modified or established until the conversion date4 ,the ,secretary shall provide to the appropriate congressional committees any modification or establishment of such a ,,tsa personnel management policy1 letter1 guideline1 or directive1 with an explanation of its necessity1 not later than #g days of such modification or establishment4 7b7 ,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 policy1 letter1 guideline1 or directive in effect on the day before the date of enactment of this ,act shall remain in effect until the conversion date4 7c7 ,transition to title #e 7#a7 ,in general ,except as provided in paragraph 7#b71 effective as of the date determined by the ,secretary1 but in no event later than ,december #ca1 #bjbb-- 7,a7 the ,,tsa personnel management system shall cease to be in effect2 7,b7 section #aad7n7 of title #di1 ,united ,states ,code1 is repealed2 7,c7 section #aaa7;d7 of the ,aviation and ,transportation ,security ,act 7#di ,u4,s4,c4 #ddice note7 is repealed2 7,d7 any ,,tsa personnel management policy1 letter1 guideline1 and directive1 including the #bjai ,determination1 shall cease to be effective2 7,e7 any human resources management system established or adjusted under chapter #ig of title #e1 ,united ,states ,code1 with respect to covered employees or covered positions shall cease to be effective2 and 7,f7 covered employees and covered positions shall be subject to the provisions of title #e1 ,united ,states ,code4 7#b7 ,chapters #ga and #gg of title #e ,not later than #ij days after the date of enactment of this ,act-- 7,a7 chapter #ga and chapter #gg of title #e1 ,united ,states ,code1 shall apply to covered employees carrying out screening functions pursuant to section #ddija of title #di1 ,united ,states ,code2 and 7,b7 any policy1 letter1 guideline1 or directive issued under section #aaa7;d7 of the ,aviation and ,transportation ,security ,act 7#di ,u4,s4,c4 #ddice note7 related to matters otherwise covered by such chapter #ga or #gg shall cease to be in effect4 7#c7 ,assistance of other agencies ,not later than #ahj days after the date of enactment of this ,act or ,december #ca1 #bjbb1 whichever is earlier-- 7,a7 the ,office of ,personnel ,management shall establish a position series and classification standard for the positions of ,transportation ,security ,officer1 ,federal ,air ,marshal1 ,transportation ,security ,inspector1 and other positions requested by the ,administrator2 and 7,b7 the ,department of ,agriculture's ,national ,finance ,center shall make necessary changes to its ,financial ,management ,services and ,human ,resources ,management ,services to ensure payroll1 leave1 and other personnel processing systems for ,,tsa personnel are commensurate with chapter #ec of title #e1 ,united ,states ,code1 and provide functions as needed to implement this ,act4 7d7 ,safeguards on grievances and appeals 7#a7 ,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 7c7 shall have the right to have such grievance or appeal removed to proceedings pursuant to title #e1 ,united ,states ,code1 or continued within the ,,tsa4 7#b7 ,authority ,with respect to any grievance or appeal continued within the ,,tsa pursuant to paragraph 7#a71 the ,administrator may consider and finally adjudicate such grievance or appeal notwithstanding any other provision of this ,act4 7#c7 ,preservation of rights ,notwithstanding any other provision of law1 any appeal or grievance continued pursuant to this section that is not finally adjudicated pursuant to paragraph 7#b7 shall be preserved and all timelines tolled until the rights afforded by application of chapters #ga and #gg of title #e1 ,united ,states ,code1 are made available pursuant to section #c7;c77#b7 of this ,act4 #d4 ,transition rules 7a7 ,nonreduction in pay and compensation ,under pay conversion rules as the ,secretary may prescribe to carry out this ,act1 a covered employee converted from a ,,tsa personnel management system to the provisions of title #e1 ,united ,states ,code1 pursuant to section #c7;c77#a77;,f7-- 7#a7 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 employee2 and 7#b7 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 grade1 for purposes of determining the appropriate step within a grade at which to establish the employee's converted rate of pay4 7b7 ,retirement pay ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall submit to the appropriate congressional committees a proposal1 including proposed legislative changes if needed1 for determining a covered employee's average pay for purposes of calculating the employee's retirement annuity1 consistent with title #e1 ,united ,states ,code1 for any covered employee who retires within three years of the conversion date1 in a manner that appropriately accounts for time in service and annual rate of basic pay following the conversion date4 7c7 ,limitation on premium pay ,notwithstanding section #eedg of title #e1 ,united ,states ,code1 or any other provision of law1 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 ,act4 ,the ,office of ,personnel ,management shall recognize such premium pay as fully creditable for the purposes of calculating pay and retirement benefits4 7d7 ,preservation of law enforcement availability pay and overtime pay rates for ,federal air marshals 7#a7 ,,leap ,section #eede;a of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7l7 ,the provisions of subsections 7a7-7h7 providing for availability pay shall apply to any ,federal ,air ,marshal who is an employee of the ,transportation ,security ,administration4 4 7#b7 ,overtime ,section #eedb of such title is amended by adding at the end the following3 7i7 ,notwithstanding any other provision of law1 a ,federal ,air ,marshal who is an employee of the ,transportation ,security ,administration shall receive overtime pay under this section1 at such a rate and in such a manner1 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 #g of the ,fair ,labor ,standards ,act of #aich4 4 7#c7 ,effective date ,the amendments made by paragraphs 7#a7 and 7#b7 shall begin to apply on the conversion date 7as that term is defined in section #b of the ,rights for the ,,tsa ,workforce ,act of #bjbb74 7e7 ,collective bargaining unit ,notwithstanding section #gaab of title #e1 ,united ,states ,code1 following the application of chapter #ga pursuant to section #c7;c77#b7 of this ,act1 full- and part-time non-supervisory ,transportation ,security ,administration personnel carrying out screening functions under section #ddija of title #di1 ,united ,states ,code1 shall remain eligible to form a collective bargaining unit4 7f7 ,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 as of the conversion date and any covered employee appointed after the conversion date1 and continue to remain available to covered employees after the conversion date3 7#a7 ,any annual leave1 sick leave1 or other paid leave accrued1 accumulated1 or otherwise available to a covered employee immediately before the conversion date shall remain available to the employee until used1 subject to any limitation on accumulated leave under chapter #fc of title #e1 ,united ,states ,code4 7#b7 ,part-time personnel carrying out screening functions under section #ddija of title #di1 ,united ,states ,code1 pay ,federal ,employees ,health ,benefits premiums on the same basis as full-time ,,tsa employees4 7#c7 ,covered employees are provided appropriate leave during national emergencies to assist the covered employees and ensure ,,tsa meets mission requirements1 notwithstanding section #fcbi;a of title #e1 ,united ,states ,code4 7#d7 ,eligible covered employees carrying out screening functions under section #ddija of title #di1 ,united ,states ,code1 receive a split-shift differential for regularly scheduled split-shift work as well as regularly scheduled overtime and irregular and occasional split-shift work4 7#e7 ,eligible covered employees receive group retention incentives1 as appropriate1 notwithstanding sections #eged7;c71 7e71 and 7f7 of title #e1 ,united ,states ,code4 #e4 ,consultation requirement 7a7 ,exclusive representative 7#a7 ,in general 7,a7 ,beginning on the date chapter #ga of title #e1 ,united ,states ,code1 begins to apply to covered employees pursuant to section #c7;c77#b71 the labor organization certified by the ,federal ,labor ,relations ,authority on ,june #bi1 #bjaa1 or any successor labor organization1 shall be treated as the exclusive representative of full- and part-time non-supervisory ,,tsa personnel carrying out screening functions under section #ddija of title #di1 ,united ,states ,code1 and shall be the exclusive representative for such personnel under chapter #ga of title #e1 ,united ,states ,code1 with full rights under such chapter4 7,b7 ,nothing in this subsection shall be construed to prevent covered employees from selecting an exclusive representative other than the labor organization described under paragraph 7#a7 for purposes of collective bargaining under such chapter #ga4 7#b7 ,national level ,notwithstanding any provision of such chapter #ga1 collective bargaining for any unit of covered employees shall occur at the national level1 but may be supplemented by local level bargaining and local level agreements in furtherance of elements of a national agreement or on local unit employee issues not otherwise covered by a national agreement4 ,such local-level bargaining and local-level agreements shall occur only by mutual consent of the exclusive representative of full and part-time non-supervisory ,,tsa personnel carrying out screening functions under section #ddija of title #di1 ,united ,states ,code1 and a ,,tsa ,federal ,security ,director or their designee4 7#c7 ,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 #ga1 unless the ,administrator and exclusive representative mutually agree to revisions to such agreement4 7b7 ,consultation process ,not later than seven days after the date of the enactment of this ,act1 the ,secretary shall consult with the exclusive representative for the personnel described in subsection 7a7 under chapter #ga of title #e1 ,united ,states ,code1 on the formulation of plans and deadlines to carry out the conversion of full- and part-time non-supervisory ,,tsa personnel carrying out screening functions under section #ddija of title #di1 ,united ,states ,code1 under this ,act4 ,prior to the date such chapter #ga begins to apply pursuant to section #c7;c77#b71 the ,secretary shall provide 7in writing7 to such exclusive representative the plans for how the ,secretary intends to carry out the conversion of such personnel under this ,act1 including with respect to such matters as-- 7#a7 the anticipated conversion date2 and 7#b7 measures to ensure compliance with sections #c and #d4 7c7 ,required agency response ,if any views or recommendations are presented under subsection 7b7 by the exclusive representative1 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 taken4 #f4 ,no right to strike ,nothing in this ,act may be considered-- 7#a7 to repeal or otherwise affect-- 7,a7 section #aiah of title #ah1 ,united ,states ,code 7relating to disloyalty and asserting the right to strike against the ,government72 or 7,b7 section #gcaa of title #e1 ,united ,states ,code 7relating to loyalty and striking72 or 7#b7 to otherwise authorize any activity which is not permitted under either provision of law cited in paragraph 7#a74 #g4 ,proposal on hiring and contracting background check requirements ,not later than one year after the date of enactment of this ,act1 the ,secretary shall submit a plan to the appropriate congressional committees on a proposal to harmonize and update1 for the purposes of hiring and for authorizing or entering into any contract for service1 the restrictions in section #gjaje7;c7 of title #df1 ,united ,states ,code1 7relating to the issuance of transportation security cards7 and section #ddicf of title #di1 ,united ,states ,code1 7relating to security screener employment investigations and restrictions74 #h4 ,comptroller ,general reviews 7a7 ,review of recruitment ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to ,congress a report on the efforts of the ,,tsa regarding recruitment1 including recruitment efforts relating to veterans and the dependents of veterans and members of the ,armed ,forces and the dependents of such members4 ,such report shall also include recommendations regarding how the ,,tsa may improve such recruitment efforts4 7b7 ,review of implementation ,not later than #fj days after the conversion date1 the ,comptroller ,general shall commence a review of the implementation of this ,act4 ,the ,comptroller ,general shall submit to ,congress a report on its review no later than one year after such conversion date4 7c7 ,review of promotion policies and leadership diversity ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to ,congress a report on the efforts of the ,,tsa to ensure that recruitment1 hiring1 promotion1 and advancement opportunities are equitable and provide for demographics among senior leadership that are reflective of the ,united ,states' workforce demographics writ large4 ,such report shall1 to the extent possible1 include an overview and analysis of the current demographics of ,,tsa leadership and1 as appropriate1 recommendations to improve hiring and promotion procedures and diversity in leadership roles that may include recommendations for how ,,tsa can better promote from within and retain and advance its workers4 7d7 ,review of harassment and assault policies and protections ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to ,congress a report on the efforts of the ,,tsa to ensure the safety of its staff with regards to harassment and assault in the workplace1 such as incidents of sexual harassment and violence and harassment and violence motivated by an individual's perceived race1 ethnicity1 religion1 gender identity or sexuality1 and including incidents where the alleged perpetrator or perpetrators are members of the general public4 ,such report shall include an overview and analysis of the current ,,tsa policies and response procedures1 a detailed description of if1 when1 and how these policies fail to adequately protect ,,tsa personnel1 and1 as appropriate1 recommendations for steps the ,,tsa can take to better protect its employees from harassment and violence in their workplace4 ,in conducting its review1 the ,comptroller ,general shall provide opportunities for ,,tsa employees of all levels and positions1 and unions and associations representing such employees1 to submit comments1 including in an anonymous form1 and take those comments into account in its final recommendations4 #i4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 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 #e1 ,united ,states ,code2 and 7#b7 the provision of these title #e protections and benefits should not result in a reduction of pay or benefits to current ,,tsa employees4 #aj4 ,assistance for ,federal ,air ,marshal ,service ,the ,administrator may communicate with organizations representing a significant number of ,federal ,air ,marshals1 to the extent provided by law1 to address concerns regarding ,federal ,air ,marshals related to the following3 7#a7 ,mental health4 7#b7 ,suicide rates4 7#c7 ,morale and recruitment4 7#d7 ,equipment and training4 7#e7 ,work schedules and shifts1 including mandated periods of rest4 7#f7 ,any other personnel issues the ,administrator determines appropriate4 #aa4 ,prevention and protection against certain illness ,the ,administrator1 in coordination with the ,director of the ,centers for ,disease ,control and ,prevention and the ,director of the ,national ,institute of ,allergy and ,infectious ,diseases1 shall ensure that covered employees are provided proper guidance regarding prevention and protections against the ,,covid-#ai ,national ,emergency1 including appropriate resources4 #ab4 ,hazardous duty payments ,subject to the availability of appropriations1 and not later than #ij days after receiving such appropriations1 the ,administrator shall provide a one-time bonus payment of #c1jjj to each at-risk employee4 #ac4 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary1 to remain available until expended1 to carry out this ,act4 #ad4 ,study on feasibility of commuting benefits ,not later than #bgj days after the enactment of this ,act1 the ,administrator shall submit to the appropriate congressional committees a feasibility study on allowing covered employees carrying out screening functions under section #ddija of title #di1 ,united ,states ,code1 to treat as hours of employment time spent by such employees regularly traveling between airport parking lots and bus and transit stops and screening checkpoints before and after the regular work day4 ,in conducting such study1 the ,administrator shall consider-- 7#a7 the amount of time needed to travel to and from airport parking lots and bus and transit stops at representative airports of various sizes2 7#b7 the feasibility of using mobile phones and location data to allow employees to report their arrival to and departure from airport parking lots and bus and transit stops2 and 7#c7 the estimated costs of providing such benefits4 #ae4 ,briefing on assaults and threats on ,,tsa employees ,not later than #ij days after the date of the enactment of this ,act1 the ,administrator shall brief the appropriate congressional committees regarding the following3 7#a7 ,reports to the ,administrator of instances of physical or verbal assault or threat made by a member of the general public against a covered employee engaged in carrying out screening functions under section #ddija of title #di1 ,united ,states ,code1 since ,january #a1 #bjai4 7#b7 ,procedures for reporting such assaults and threats1 including information on how the ,administrator communicates the availability of such procedures4 7#c7 ,any steps taken by ,,tsa to prevent and respond to such assaults and threats4 7#d7 ,any related civil actions and criminal referrals made annually since ,january #a1 #bjai4 7#e7 ,any additional authorities needed by the ,administrator to better prevent or respond to such assaults and threats4 #af4 ,annual reports on ,,tsa workforce ,not later than one year after the date of the enactment of this ,act and annually thereafter1 the ,administrator shall submit to the appropriate congressional committees a report that contains the following3 7#a7 ,an analysis of the ,office of ,personnel ,management's ,federal ,employee ,viewpoint ,survey 7,,fevs7 to determine job satisfaction rates of covered employees4 7#b7 ,information relating to retention rates of covered employees at each airport1 including transfers1 in addition to aggregate retention rates of covered employees across the ,,tsa workforce4 7#c7 ,information relating to actions taken by the ,,tsa intended to improve workforce morale and retention4 ,passed the ,house of ,representatives ,may #ab1 #bjbb4;,clerk4