,,ii #aaith ,,congress #ast ,session ,s4 #iig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ab1 #bjbe,mr4 ,schatz 7for himself1 ,ms4 ,duckworth1 ,mr4 ,padilla1 ,mr4 ,van ,hollen1 ,mr4 ,hickenlooper1 ,mrs4 ,shaheen1 ,mr4 ,blumenthal1 ,mr4 ,markey1 ,mr4 ,fetterman1 ,ms4 ,warren1 ,mr4 ,wyden1 ,mr4 ,lujn1 ,mr4 ,merkley1 ,mr4 ,reed1 ,mr4 ,heinrich1 ,mr4 ,kaine1 ,mr4 ,sanders1 ,mr4 ,king1 ,ms4 ,hirono1 ,ms4 ,smith1 ,mr4 ,coons1 ,mrs4 ,murray1 ,mr4 ,peters1 ,mr4 ,kelly1 ,ms4 ,klobuchar1 ,mr4 ,booker1 and ,ms4 ,cortez ,masto7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 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 #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 or the ,rights for the ,,tsa ,workforce ,act4 #b4 ,definitions ,in this ,act-- 7#a7 the term #bjbb ,determination means the publication1 entitled ,determination on ,transportation ,security ,officers and ,collective ,bargaining1 issued on ,december #cj1 #bjbb1 by ,administrator ,david ,p4 ,pekoske1 as modified1 or any superseding subsequent determination2 7#b7 the term adjusted basic pay means-- 7,a7 the rate of pay fixed by law or administrative action for a position occupied 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#c7 the term ,administration means the ,transportation ,security ,administration2 7#d7 the term ,administrator means the ,administrator of the ,administration2 7#e7 the term appropriate congressional committees means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,c7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,d7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 7#f7 the term conversion date means the date on which subparagraphs 7,a7 through 7,f7 of section #c7;c77#a7 take effect2 7#g7 the term covered employee means an employee who occupies a covered position2 7#h7 the term covered position means a position within the ,administration2 7#i7 the term employee has the meaning given the term in section #baje of title #e1 ,united ,states ,code2 7#aj7 the term screening agent means a full- or part-time non-supervisory covered employee carrying out screening functions under section #ddija of title #di1 ,united ,states ,code2 7#aa7 the term ,secretary means the ,secretary of ,homeland ,security2 and 7#ab7 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 ,code4 #c4 ,conversion of ,,tsa personnel 7a7 ,restrictions on certain personnel authorities 7#a7 ,in general ,notwithstanding any other provision of law1 effective as of the date of enactment of this ,act-- 7,a7 any ,,tsa personnel management system in use for covered employees and covered positions on the day before that date of enactment1 and any personnel management policy1 letter1 guideline1 or directive of the ,administration in effect on that day1 may not be modified2 7,b7 no personnel management policy1 letter1 guideline1 or directive of the ,administration that was not established before that 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 personnel management policy1 letter1 guideline1 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 #ecjc1 #ecjd1 #ecjd;a1 and #ecah of title #e1 ,united ,states ,code4 7,b7 ,additional policy ,notwithstanding paragraph 7#a77;,b71 new personnel management policy of the ,administration may be issued if-- 7i7 that 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 that policy1 with an explanation of the necessity of that policy1 to the appropriate congressional committees not later than #g days after the date on which the policy is issued4 7,c7 ,emerging threats to transportation security during transition period 7i7 ,in general ,notwithstanding paragraph 7#a71 any personnel management policy1 letter1 guideline1 or directive of the ,administration relating 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 7ii7 ,submission to ,congress ,not later than #g days after the date on which any personnel management policy1 letter1 guideline1 or directive of the ,administration is modified or established under clause 7i71 the ,secretary shall provide to the appropriate congressional committees that established or modified policy1 letter1 guideline1 or directive1 as applicable1 which shall contain an explanation of the necessity of that establishment or modification4 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 ,act1 and any personnel management policy1 letter1 guideline1 or directive of the ,administration in effect on the day before the date of enactment of this ,act1 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 beginning on a date determined by the ,secretary1 but in no event later than ,december #ca1 #bjbe-- 7,a7 all ,,tsa personnel management systems 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,public ,law #ajg-ga2 #di ,u4,s4,c4 #ddice note7 is repealed2 7,d7 any personnel management policy1 letter1 guideline1 or directive of the ,administration1 including the #bjbb ,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 chapters #ga and #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 relating to matters otherwise covered by chapter #ga or #gg of title #e1 ,united ,states ,code1 shall cease to be in effect4 7#c7 ,assistance of other agencies ,not later than #ahj days after the date of enactment of this ,act1 or ,december #ca1 #bjbe1 whichever is earlier-- 7,a7 the ,director of 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 ,national ,finance ,center of the ,department of ,agriculture shall make necessary changes to ,financial ,management ,services and ,human ,resources ,management ,services to ensure payroll1 leave1 and other personnel processing systems for covered employees are consistent 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 the ,administration on the date of enactment of this ,act1 or initiated during the #ij-;day period beginning on the date of enactment of this ,act1 may have that grievance or appeal removed to proceedings pursuant to title #e1 ,united ,states ,code1 or continued within ,,tsa4 7#b7 ,authority ,with respect to any grievance or appeal continued within the ,administration under paragraph 7#a71 the ,administrator may consider and finally adjudicate that 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 under this subsection that is not finally adjudicated under 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 under subsection 7c77#b74 #d4 ,transition rules 7a7 ,nonreduction in pay and compensation ,under such 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 under section #c7;c77#a77;,f7-- 7#a7 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 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 covered 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 converted rate of pay of the covered employee4 7b7 ,retirement pay 7#a7 ,in general ,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 the average pay of any covered employee who retires not later than #c years after the conversion date for purposes of calculating the retirement annuity of the covered employee4 7#b7 ,requirements ,the proposal required under paragraph 7#a7 shall be structured in a manner that-- 7,a7 is consistent with title #e1 ,united ,states ,code2 and 7,b7 appropriately accounts for the service of a covered employee to which the proposal applies1 and the annual rate of basic pay of such a covered employee1 following the conversion date4 7c7 ,limitation on premium pay 7#a7 ,in general ,notwithstanding section #eedg of title #e1 ,united ,states ,code1 or any other provision of law1 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 ,act4 7#b7 ,,opm recognition ,the ,director of the ,office of ,personnel ,management shall recognize premium pay paid pursuant to paragraph 7#a7 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-- 7,a7 in subsection 7a77#b71 in the matter preceding subparagraph 7,a71 by striking subsection 7k7 and inserting subsection 7l72 7,b7 by redesignating subsection 7k7 as subsection 7l72 and 7,c7 by inserting after subsection 7j7 the following3 7k7 ,the provisions of subsections 7a7 through 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 title #e1 ,united ,states ,code1 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 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 #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg74 4 7#c7 ,effective date ,the amendments made by paragraphs 7#a7 and 7#b7 shall apply beginning on the conversion date4 7e7 ,collective bargaining unit ,notwithstanding section #gaab of title #e1 ,united ,states ,code1 following the application of chapter #ga of that title pursuant to section #c7;c77#b7 of this ,act1 screening agents 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 beginning on the conversion date1 and for 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 covered employee until used1 subject to any limitation on accumulated leave under chapter #fc of title #e1 ,united ,states ,code4 7#b7 ,part-time screening agents pay premiums under chapter #hi of title #e1 ,united ,states ,code1 on the same basis as full-time covered employees4 7#c7 ,notwithstanding section #fcbi;a of title #e1 ,united ,states ,code1 covered employees are provided appropriate leave during national emergencies to assist the covered employees and ensure the ,administration meets mission requirements4 7#d7 ,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 work4 7#e7 ,notwithstanding sections subsections 7c71 7e71 and 7f7 of section #eged of title #e1 ,united ,states ,code1 eligible covered employees receive group retention incentives1 as appropriate4 #e4 ,consultation requirement 7a7 ,exclusive representative 7#a7 ,in general 7,a7 ,application ,beginning on the date that chapter #ga of title #e1 ,united ,states ,code 7referred to in this subsection as chapter #ga71 begins to apply to covered employees under 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 screening agents and shall be the exclusive representative for screening agents under chapter #ga1 with full rights under chapter #ga4 7,b7 ,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 7#a7 for purposes of collective bargaining under chapter #ga4 7#b7 ,national level 7,a7 ,in general ,notwithstanding any provision of 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 issues of any local unit of covered employees not otherwise covered by a national agreement4 7,b7 ,mutual consent required ,local-level bargaining and local-level agreements described in subparagraph 7,a7 shall occur only by mutual consent of the exclusive representative of screening agents and the ,federal ,security ,director 7or a designee of such an official7 of those screening agents4 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 chapter #ga1 unless the ,administrator and exclusive representative mutually agree to revisions to such an agreement4 7b7 ,consultation process 7#a7 ,in general ,not later than #g days after the date of enactment of this ,act1 the ,secretary shall consult with the exclusive representative for the screening agents described in subsection 7a77#a7 under chapter #ga of title #e1 ,united ,states ,code1 on the formulation of plans and deadlines to carry out the conversion1 under this ,act1 of those screening agents4 7#b7 ,written plans ,before the date that chapter #ga of title #e1 ,united ,states ,code1 begins to apply under section #c7;c77#b71 the ,secretary shall provide 7in writing7 to the exclusive representative described in paragraph 7#a7 the plans for how the ,secretary intends to carry out the conversion of covered employees 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 representative described in that subsection1 the ,secretary shall-- 7#a7 consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented2 and 7#b7 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 that is not permitted under a provision of law described in subparagraph 7,a7 or 7,b7 of paragraph 7#a74 #g4 ,proposal on hiring and contracting background check requirements ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the appropriate congressional committees a plan to harmonize and update1 for the purposes of making appointments and for authorizing or entering into any contract for service1 the restrictions under 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 employment investigations and restrictions74 #h4 ,comptroller ,general reviews 7a7 ,review of recruitment 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on the efforts of the ,administration regarding recruitment1 including recruitment efforts relating to veterans1 the dependents of veterans1 members of the ,armed ,forces1 and the dependents of such members4 7#b7 ,recruitment ,the report required under paragraph 7#a7 shall include recommendations regarding how the ,administration may improve the recruitment efforts described in that paragraph4 7b7 ,review of implementation ,the ,comptroller ,general of the ,united ,states shall-- 7#a7 not later than #fj days after the conversion date1 commence a review of the implementation of this ,act2 and 7#b7 not later than #a year after the conversion date1 submit to ,congress a report on the review conducted under paragraph 7#a74 7c7 ,review of promotion policies and leadership diversity ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report-- 7#a7 on the efforts of the ,administration to ensure that recruitment1 appointment1 promotion1 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 ,states2 and 7#b7 that1 to the extent possible1 includes-- 7,a7 an overview and analysis of the current 7as of the date on which the report is submitted7 demographics of the leadership of the ,administration2 and 7,b7 as appropriate1 recommendations to improve appointment and promotion procedures and diversity in leadership roles1 which may include recommendations for how the ,administration can better promote from within the ,administration and retain and advance covered employees4 7d7 ,review of harassment and assault policies and protections 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 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 workplace1 such as incidents-- 7,a7 of sexual harassment and violence and harassment and violence motivated by the perceived race1 ethnicity1 religion1 gender identity1 or sexuality of an individual2 and 7,b7 in which the alleged perpetrator is a member of the general public4 7#b7 ,inclusions ,the report required under paragraph 7#a7 shall include-- 7,a7 an overview and analysis of the current 7as of the date on which the report is submitted7 policies and response procedures of the ,administration2 7,b7 a detailed description of if1 when1 and how the policies described in subparagraph 7,a7 fail to adequately protect covered employees2 and 7,c7 as appropriate1 recommendations for steps the ,administration can take to better protect covered employees from harassment and violence in the workplace4 7#c7 ,opportunity for comment ,in conducting the review required under this subsection1 the ,comptroller ,general of the ,united ,states shall provide opportunities for covered employees of all levels and positions1 and labor organizations and associations representing those covered employees1 to submit comments1 including in an anonymous form1 and take those comments into account in the final recommendations of the ,comptroller ,general4 #i4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 ,,tsa personnel management systems provide insufficient benefits and workplace protections to the workforce that secures the transportation systems of the ,united ,states2 7#b7 covered employees should be provided protections and benefits under title #e1 ,united ,states ,code2 and 7#c7 the provision of the protections and benefits described in paragraph 7#b7 should not result in a reduction of pay or benefits to current covered employees4 #aj4 ,assistance for ,federal ,air ,marshal ,service ,the ,administrator shall 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 ,briefing on assaults and threats on ,,tsa employees ,not later than #ij days after the date of 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 assaults or threats made by members of the general public against screening agents since ,january #a1 #bjai4 7#b7 ,procedures for reporting the assaults and threats described in paragraph 7#a71 including information on how the ,administrator communicates the availability of those procedures4 7#c7 ,any steps taken by the ,administration to prevent and respond to the assaults and threats described in paragraph 7#a74 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 the assaults and threats described in paragraph 7#a74 #ab4 ,annual reports on ,,tsa workforce ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,administrator shall submit to the appropriate congressional committees a report that contains the following3 7#a7 ,an analysis of the ,federal ,employee ,viewpoint ,survey of the ,office of ,personnel ,management 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 workforce of the ,administration4 7#c7 ,information relating to actions taken by the ,administration intended to improve workforce morale and retention4 #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 ,act and the amendments made by this ,act4