119-hr2086

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2086 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2086

 To enhance the security operations of the Transportation Security 
 Administration and stability of the transportation security workforce 
by applying the personnel system under title 5, United States Code, to 
employees of the Transportation Security Administration, and for other 
 purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 11, 2025

 Mr. Thompson of Mississippi (for himself, Mr. Connolly, Ms. DeLauro, 
 Mrs. McIver, Ms. Underwood, Mr. Kennedy of New York, Mr. Bacon, Mr. 
Fitzpatrick, Mr. Van Drew, Ms. Malliotakis, Mr. LaLota, and Mr. Lawler) 
 introduced the following bill; which was referred to the Committee on 
 Homeland Security, and in addition to the Committee on Oversight and 
 Government 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

_______________________________________________________________________

 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 5, United States Code, to 
employees of the Transportation Security Administration, and for other 
 purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Rights for the Transportation 
Security Administration Workforce Act'' or the ``Rights for the TSA 
Workforce Act''.

SEC. 2. DEFINITIONS.

 In this Act--

    (1) the term ``2022 Determination'' means the publication, 
 entitled ``Determination on Transportation Security Officers 
 and Collective Bargaining'', issued on December 30, 2022, by 
 Administrator David P. Pekoske, as modified, or any superseding 
 subsequent determination;

    (2) the term ``adjusted basic pay'' means--
        (A) the rate of pay fixed by law or administrative 
 action for a position occupied 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;

    (3) the term ``Administration'' means the Transportation 
 Security Administration;

    (4) the term ``Administrator'' means the Administrator of 
 the Administration;

    (5) the term ``appropriate congressional committees'' 
 means--
        (A) the Committee on Commerce, Science, and 
 Transportation of the Senate;
        (B) the Committee on Homeland Security and 
 Governmental Affairs of the Senate;
            (C) the Committee on Homeland Security of the House 
 of Representatives; and
            (D) the Committee on Oversight and Government 
 Reform of the House of Representatives;

    (6) the term ``conversion date'' means the date on which 
 subparagraphs
        (A) through
        (F) of 

section 3
            (c) (1) take effect;

    (7) the term ``covered employee'' means an employee who 
 occupies a covered position;

    (8) the term ``covered position'' means a position within 
 the Administration;

    (9) the term ``employee'' has the meaning given the term in 
 

section 2105 of title 5, United States Code;

    (10) the term ``screening agent'' means a full- or part-
 time non-supervisory covered employee carrying out screening 
 functions under 

section 44901 of title 49, United States Code;

    (11) the term ``Secretary'' means the Secretary of Homeland 
 Security; and

    (12) the term ``TSA personnel management system'' means any 
 personnel management system established or modified under--
        (A) section 111
            (d) of the Aviation and 
 Transportation Security Act (49 U.S.C. 44935 note); or
        (B) section 114

    (n) of title 49, United States Code.

SEC. 3. CONVERSION OF TSA PERSONNEL.

    (a) Restrictions on Certain Personnel Authorities.--

    (1) In general.--Notwithstanding any other provision of 
 law, effective as of the date of enactment of this Act--
        (A) any TSA personnel management system in use for 
 covered employees and covered positions on the day 
 before that date of enactment, and any personnel 
 management policy, letter, guideline, or directive of 
 the Administration in effect on that day, may not be 
 modified;
        (B) no personnel management policy, letter, 
 guideline, or directive of the Administration that was 
 not established before that 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) 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) Exceptions.--
        (A) Pay.--Notwithstanding paragraph

    (1)
        (A) , the 
 limitation in that paragraph shall not apply to any 
 personnel management policy, letter, guideline, 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 5303, 5304, 
 5304a, and 5318 of title 5, United States Code; and
        (B) Additional 

=== policy ===
-Notwithstanding paragraph

    (1)
        (B) , new personnel management policy of the 
 Administration may be issued if--
            (i) that policy is needed to resolve a 
 matter not specifically addressed in policy in 
 effect on that date of enactment; and
            (ii) the Secretary provides that policy, 
 with an explanation of the necessity of that 
 policy, to the appropriate congressional 
 committees not later than 7 days after the date 
 on which the policy is issued.
            (C) Emerging threats to transportation security 
 during transition period.--
            (i) In general.--Notwithstanding paragraph

    (1) , any personnel management policy, letter, 
 guideline, or directive of the Administration 
 relating 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 conversion 
 date.
            (ii) Submission to congress.--Not later 
 than 7 days after the date on which any 
 personnel management policy, letter, guideline, 
 or directive of the Administration is modified 
 or established under clause
            (i) , the Secretary 
 shall provide to the appropriate congressional 
 committees that established or modified policy, 
 letter, guideline, or directive, as applicable, 
 which shall contain an explanation of the 
 necessity of that establishment or 
 modification.

    (b) 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 
personnel management policy, letter, guideline, or directive of the 
Administration in effect on the day before the date of enactment of 
this Act, shall remain in effect until the conversion date.
            (c) Transition to Title 5.--

    (1) In general.--Except as provided in paragraph

    (2) , 
 effective beginning on a date determined by the Secretary, but 
 in no event later than December 31, 2025--
        (A) all TSA personnel management systems shall 
 cease to be in effect;
        (B) section 114

    (n) of title 49, United States Code, 
 is repealed;
            (C) section 111
            (d) of the Aviation and 
 Transportation Security Act (Public Law 107-71; 49 
 U.S.C. 44935 note) is repealed;
            (D) any personnel management policy, letter, 
 guideline, or directive of the Administration, 
 including the 2022 Determination, shall cease to be 
 effective;
        (E) 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) covered employees and covered positions shall 
 be subject to the provisions of title 5, United States 
 Code.

    (2) Chapters 71 and 77 of title 5.--Not later than 90 days 
 after the date of enactment of this Act--
        (A) chapters 71 and 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) any policy, letter, guideline, or directive 
 issued under 

section 111
            (d) of the Aviation and 
 Transportation Security Act (49 U.S.C. 44935 note) 
 relating to matters otherwise covered by chapter 71 or 
 77 of title 5, United States Code, shall cease to be in 
 effect.

    (3) Assistance of other agencies.--Not later than 180 days 
 after the date of enactment of this Act, or December 31, 2025, 
 whichever is earlier--
        (A) the Director of 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) the National Finance Center of the Department 
 of Agriculture shall make necessary changes to 
 Financial Management Services and Human Resources 
 Management Services to ensure payroll, leave, and other 
 personnel processing systems for covered employees are 
 consistent with chapter 53 of title 5, United States 
 Code, and provide functions as needed to implement this 
 Act.
            (d) Safeguards on Grievances and Appeals.--

    (1) In general.--Each covered employee with a grievance or 
 appeal pending within the Administration on the date of 
 enactment of this Act or initiated during the transition period 
 described in subsection
            (c) may have that grievance or appeal 
 removed to proceedings pursuant to title 5, United States Code, 
 or continued within TSA.

    (2) Authority.--With respect to any grievance or appeal 
 continued within the Administration under paragraph

    (1) , the 
 Administrator may consider and finally adjudicate that 
 grievance or appeal notwithstanding any other provision of this 
 Act.

    (3) Preservation of rights.--Notwithstanding any other 
 provision of law, any appeal or grievance continued under this 
 section that is not finally adjudicated under 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 under subsection
            (c) (2) .

SEC. 4. TRANSITION RULES.

    (a) Nonreduction in Pay and Compensation.--Under such 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, under 

section 3
            (c) (1)
        (F) --

    (1) 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 employee; and

    (2) 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 grade, for purposes of determining the 
 appropriate step within a grade at which to establish the 
 converted rate of pay of the covered employee.

    (b) Retirement Pay.--

    (1) In general.--Not later than 90 days after the date of 
 enactment of this Act, the Secretary shall submit to the 
 appropriate congressional committees a proposal, including 
 proposed legislative changes if needed, for determining the 
 average pay of any covered employee who retires not later than 
 3 years after the conversion date for purposes of calculating 
 the retirement annuity of the covered employee.

    (2) Requirements.--The proposal required under paragraph

    (1) shall be structured in a manner that--
        (A) is consistent with title 5, United States Code; 
 and
        (B) appropriately accounts for the service of a 
 covered employee to which the proposal applies, and the 
 annual rate of basic pay of such a covered employee, 
 following the conversion date.
            (c) Limitation on Premium Pay.--

    (1) In general.--Notwithstanding 

section 5547 of title 5, 
 United States Code, or any other provision of law, 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 Act.

    (2) OPM recognition.--The Director of the Office of 
 Personnel Management shall recognize premium pay paid pursuant 
 to paragraph

    (1) as fully creditable for the purposes of 
 calculating pay and retirement benefits.
            (d) Preservation of Law Enforcement Availability Pay and Overtime 
Pay Rates for Federal Air Marshals.--

    (1) LEAP.--

Section 5545a of title 5, United States Code, is 
 amended--
        (A) in subsection

    (a)

    (2) , in the matter preceding 
 subparagraph
        (A) , by striking ``subsection

    (k) '' and 
 inserting ``subsection
            (l) '';
        (B) by redesignating subsection

    (k) as subsection
            (l) ; and
            (C) by inserting after subsection

    (j) the 
 following:
 ``

    (k) The provisions of subsections

    (a) through

    (h) providing for 
availability pay shall apply to any Federal air marshal who is an 
employee of the Transportation Security Administration.''.

    (2) Overtime.--

Section 5542 of title 5, United States Code, 
 is amended by adding at the end the following:
 ``
            (i) Notwithstanding any other provision of law, a Federal air 
marshal who is an employee of the Transportation Security 
Administration shall receive overtime pay under this section, 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 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207).''.

    (3) Effective date.--The amendments made by paragraphs

    (1) and

    (2) shall apply beginning on the conversion date.

    (e) Collective Bargaining Unit.--Notwithstanding 

section 7112 of 
title 5, United States Code, following the application of chapter 71 of 
that title pursuant to 

section 3
            (c) (2) of this Act, screening agents 
shall remain eligible to form a collective bargaining unit.

    (f) 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 date, 
and for any covered employee appointed after the conversion date, and 
continue to remain available to covered employees after the conversion 
date:

    (1) 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 covered employee until used, subject to any 
 limitation on accumulated leave under chapter 63 of title 5, 
 United States Code.

    (2) Part-time screening agents pay premiums under chapter 
 89 of title 5, United States Code, on the same basis as full-
 time covered employees.

    (3) Notwithstanding 

section 6329a of title 5, United States 
 Code, covered employees are provided appropriate leave during 
 national emergencies to assist the covered employees and ensure 
 the Administration meets mission requirements.

    (4) 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 work.

    (5) Notwithstanding sections subsections
            (c) ,

    (e) , and

    (f) of 

section 5754 of title 5, United States Code, eligible 
 covered employees receive group retention incentives, as 
 appropriate.

SEC. 5. CONSULTATION REQUIREMENT.

    (a) Exclusive Representative.--

    (1) In general.--
        (A) Application.--Beginning on the date that 
 chapter 71 of title 5, United States Code (referred to 
 in this subsection as ``chapter 71''), begins to apply 
 to covered employees under 

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 screening agents and shall be the 
 exclusive representative for screening agents under 
 chapter 71, with full rights under chapter 71.
        (B) 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

    (1) for purposes of collective bargaining 
 under chapter 71.

    (2) National level.--
        (A) In general.--Notwithstanding any provision of 
 chapter 71, collective bargaining for any unit of 
 covered employees shall occur at the national level, 
 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 
 agreement.
        (B) Mutual consent required.--Local-level 
 bargaining and local-level agreements described in 
 subparagraph
        (A) shall occur only by mutual consent of 
 the exclusive representative of screening agents and 
 the Federal Security Director (or a designee of such an 
 official) of those screening agents.

    (3) 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 71, unless the 
 Administrator and exclusive representative mutually agree to 
 revisions to such an agreement.

    (b) Consultation Process.--

    (1) In general.--Not later than 7 days after the date of 
 enactment of this Act, the Secretary shall consult with the 
 exclusive representative for the screening agents described in 
 subsection

    (a)

    (1) under chapter 71 of title 5, United States 
 Code, on the formulation of plans and deadlines to carry out 
 the conversion, under this Act, of those screening agents.

    (2) Written plans.--Before the date that chapter 71 of 
 title 5, United States Code, begins to apply under 

section 3
            (c) (2) , the Secretary shall provide (in writing) to the 
 exclusive representative described in paragraph

    (1) the plans 
 for how the Secretary intends to carry out the conversion of 
 covered employees under this Act, including with respect to 
 such matters as--
        (A) the anticipated conversion date; and
        (B) 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 
described in that subsection, the Secretary shall--

    (1) consider the views or recommendations before taking 
 final action on any matter with respect to which the views or 
 recommendations are presented; and

    (2) provide the exclusive representative a written 
 statement of the reasons for the final actions to be taken.

SEC. 6. NO RIGHT TO STRIKE.

 Nothing in this Act may be considered--

    (1) to repeal or otherwise affect--
        (A) section 1918 of title 18, United States Code 
 (relating to disloyalty and asserting the right to 
 strike against the Government); or
        (B) section 7311 of title 5, United States Code 
 (relating to loyalty and striking); or

    (2) to otherwise authorize any activity that is not 
 permitted under a provision of law described in subparagraph
        (A) or
        (B) of paragraph

    (1) .

SEC. 7. PROPOSAL ON HIRING AND CONTRACTING BACKGROUND CHECK 
 REQUIREMENTS.

 Not later than 1 year after the date of enactment of this Act, the 
Secretary shall submit to the appropriate congressional committees a 
plan to harmonize and update, for the purposes of making appointments 
and for authorizing or entering into any contract for service, the 
restrictions under 

section 70105
            (c) of title 46, United States Code, 
(relating to the issuance of transportation security cards) and 

section 44936 of title 49, United States Code, (relating to employment 
investigations and restrictions).

SEC. 8. COMPTROLLER GENERAL REVIEWS.

    (a) Review of Recruitment.--

    (1) 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 
 Administration regarding recruitment, including recruitment 
 efforts relating to veterans, the dependents of veterans, 
 members of the Armed Forces, and the dependents of such 
 members.

    (2) Recruitment.--The report required under paragraph

    (1) shall include recommendations regarding how the Administration 
 may improve the recruitment efforts described in that 
 paragraph.

    (b) Review of Implementation.--The Comptroller General of the 
United States shall--

    (1) not later than 60 days after the conversion date, 
 commence a review of the implementation of this Act; and

    (2) not later than 1 year after the conversion date, submit 
 to Congress a report on the review conducted under paragraph

    (1) .
            (c) Review of Promotion Policies and Leadership Diversity.--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--

    (1) on the efforts of the Administration to ensure that 
 recruitment, appointment, promotion, 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 States; 
 and

    (2) that, to the extent possible, includes--
        (A) an overview and analysis of the current (as of 
 the date on which the report is submitted) demographics 
 of the leadership of the Administration; and
        (B) as appropriate, recommendations to improve 
 appointment and promotion procedures and diversity in 
 leadership roles, which may include recommendations for 
 how the Administration can better promote from within 
 the Administration and retain and advance covered 
 employees.
            (d) Review of Harassment and Assault Policies and Protections.--

    (1) 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 
 Administration to ensure the safety of the staff of the 
 Administration with respect to harassment and assault in the 
 workplace, such as incidents--
        (A) of sexual harassment and violence and 
 harassment and violence motivated by the perceived 
 race, ethnicity, religion, gender identity, or 
 sexuality of an individual; and
        (B) in which the alleged perpetrator is a member of 
 the general public.

    (2) Inclusions.--The report required under paragraph

    (1) shall include--
        (A) an overview and analysis of the current (as of 
 the date on which the report is submitted) policies and 
 response procedures of the Administration;
        (B) a detailed description of if, when, and how the 
 policies described in subparagraph
        (A) fail to 
 adequately protect covered employees; and
            (C) as appropriate, recommendations for steps the 
 Administration can take to better protect covered 
 employees from harassment and violence in the 
 workplace.

    (3) Opportunity for comment.--In conducting the review 
 required under this subsection, the Comptroller General of the 
 United States shall provide opportunities for covered employees 
 of all levels and positions, and labor organizations and 
 associations representing those covered employees, to submit 
 comments, including in an anonymous form, and take those 
 comments into account in the final recommendations of the 
 Comptroller General.

SEC. 9. SENSE OF CONGRESS.

 It is the sense of Congress that--

    (1) TSA personnel management systems provide insufficient 
 benefits and workplace protections to the workforce that 
 secures the transportation systems of the United States;

    (2) covered employees should be provided protections and 
 benefits under title 5, United States Code; and

    (3) the provision of the protections and benefits described 
 in paragraph

    (2) should not result in a reduction of pay or 
 benefits to current covered employees.

SEC. 10. ASSISTANCE FOR FEDERAL AIR MARSHAL SERVICE.

 The Administrator shall communicate with organizations representing 
a significant number of Federal air 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) Equipment and training.

    (5) Work schedules and shifts, including mandated periods 
 of rest.

    (6) Any other personnel issues the Administrator determines 
 appropriate.

SEC. 11. BRIEFING ON ASSAULTS AND THREATS ON TSA EMPLOYEES.

 Not later than 90 days after the date of enactment of this Act, the 
Administrator shall brief the appropriate congressional committees 
regarding the following:

    (1) 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 1, 2019.

    (2) Procedures for reporting the assaults and threats 
 described in paragraph

    (1) , including information on how the 
 Administrator communicates the availability of those 
 procedures.

    (3) Any steps taken by the Administration to prevent and 
 respond to the assaults and threats described in paragraph

    (1) .

    (4) Any related civil actions and criminal referrals made 
 annually since January 1, 2019.

    (5) Any additional authorities needed by the Administrator 
 to better prevent or respond to the assaults and threats 
 described in paragraph

    (1) .

SEC. 12. ANNUAL REPORTS ON TSA WORKFORCE.

 Not later than 1 year after the date of enactment of this Act and 
annually thereafter, the Administrator shall submit to the appropriate 
congressional committees a report that contains the following:

    (1) An analysis of the Federal Employee Viewpoint Survey of 
 the Office of Personnel Management to determine job 
 satisfaction rates of covered employees.

    (2) Information relating to retention rates of covered 
 employees at each airport, including transfers, in addition to 
 aggregate retention rates of covered employees across the 
 workforce of the Administration.

    (3) Information relating to actions taken by the 
 Administration intended to improve workforce morale and 
 retention.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

 There is authorized to be appropriated such sums as may be 
necessary, to remain available until expended, to carry out this Act 
and the amendments made by this Act.
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