S.Amdt. 4525

SA 4525. Mr. SCHATZ submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. RIGHTS FOR THE TSA WORKFORCE.

(a) Definitions.--In this section--
(1) 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;
(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 ``Administrator'' means the Administrator of
the Transportation Security Administration;
(4) the term ``conversion date'' means the date on which
subparagraphs (A) through (D) of subsection (b)(3) take
effect;
(5) the term ``covered employee'' means an employee who
occupies a covered position;
(6) the term ``covered position'' means a position within
the Transportation Security Administration;
(7) 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);
(8) the term ``Secretary'' means the Secretary of Homeland
Security; and
(9) 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.
(b) Conversion of TSA Personnel.--
(1) Restrictions on certain personnel authorities.--
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 Transportation Security Administration
personnel management policy, letters, guideline, or directive
in effect on that day, may not be modified;
(B) no Transportation Security Administration personnel
management policy, letter, guideline, or directive that was
not established before that date issued under 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) 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
paragraph (3).
(3) 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--
(A) each provision of law cited in subsection (a)(9) is
repealed;
(B) any Transportation Security Administration personnel
management policy, letter, guideline, or directive, including
the 2019 Determination, shall cease to be effective;
(C) 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

[[Page S8045]]

(D) covered employees and covered positions shall be
subject to the provisions of title 5, United States Code.
(4) Safeguards on grievances.--In carrying out this
section, 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 paragraph
(3), to have that grievance removed to proceedings pursuant
to title 5, United States Code, or continued within the
Administration.
(c) Transition Rules.--
(1) Nonreduction in pay and compensation.--
(A) In general.--Subject to subparagraph (B), under pay
conversion rules as the Secretary may prescribe to carry out
this section, a covered employee converted from a TSA
personnel management system to the provisions of title 5,
United States Code, under subsection (b)(3)(D) shall not be
subject to any reduction in the rate of adjusted basic pay
payable, or total compensation provided, to that covered
employee.
(B) Federal air marshal service.--An employee of the
Federal Air Marshal Service converted from a TSA personnel
management system to the provisions of title 5, United States
Code, under subsection (b)(3)(D) shall be converted such that
the rate of adjusted basic pay payable to the employee is not
less than that rate for a position at GS-13 of the General
Schedule.
(2) 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--
(A) any annual leave, sick leave, or other paid leave
accrued, accumulated, or otherwise available to the covered
employee, as of the day before the conversion date, shall
remain available to the covered employee until used; and
(B) the Government share of any premiums or other periodic
charges under chapter 89 of title 5, United States Code,
governing group health insurance shall be paid in an amount
that is not less than the amount paid for those premiums and
other periodic charges, as of the day before the conversion
date.
(3) 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--
(A) with duty stations in the contiguous 48 States; and
(B) with duty stations outside of the States described in
subparagraph (A), including those employees located in any
territory or possession of the United States.
(4) Rule of construction.--During the transition period
described in subsection (b)(3), 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.
(d) Consultation Requirement.--
(1) Exclusive representative.--
(A) In general.--The labor organization certified by the
Federal Labor Relations Authority on June 29, 2011, or a
successor labor organization, shall be--
(i) treated as the exclusive representative of full- and
part-time non-supervisory personnel of the Transportation
Security Administration carrying out screening functions
under section 44901 of title 49, United States Code; and
(ii) the exclusive representative for the personnel
described in clause (i) under chapter 71 of title 5, United
States Code, with full rights under that chapter.
(B) Application.--Any collective bargaining agreement
covering the personnel described in subparagraph (A)(i) that
is in effect on the date of enactment of this Act shall
remain in effect, consistent with paragraph (4).
(2) Consultation rights.--
(A) 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 personnel described in
paragraph (1)(A)(i) under chapter 71 of title 5, United
States Code, as well as appropriate labor associations that
represent a substantial percentage of employees, on the
formulation of plans and deadlines to carry out the
conversion of covered employees and covered positions under
this section.
(B) Plans.--Before the conversion date, the Secretary shall
provide (in writing) to the exclusive representative and
labor associations described in subparagraph (A) the plans
for how the Secretary intends to carry out the conversion of
covered employees and covered positions under this section,
including with respect to such matters as--
(i) the anticipated conversion date; and
(ii) measures to ensure compliance with subsections (b) and
(c).
(3) Required agency response.--If any views or
recommendations are presented under paragraph (2) by the
exclusive representative, or the labor associations described
in that subsection, the Secretary shall--
(A) consider the views or recommendations before taking
final action on any matter with respect to which the views or
recommendations are presented; and
(B) provide the exclusive representative and those labor
associations a written statement of the reasons for the final
actions to be taken.
(4) Sunset provision.--The provisions of this subsection
shall cease to be effective as of the conversion date.
(e) No Right to Strike.-- Nothing in this section 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 either provision of law cited in paragraph
(1).
(f) Rule of Construction With Respect to Certain Crimes
Relating to Terrorism.--Nothing in this section may be
construed to contradict chapter 113B of title 18, United
States Code, including with respect to--
(1) section 2332b (relating to acts of terrorism
transcending national boundaries);
(2) section 2339 (relating to harboring or concealing
terrorists); and
(3) section 2339A (relating to providing material support
to terrorists).
(g) Report by GAO Regarding TSA 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 Administrator regarding recruitment, including
recruitment efforts relating to--
(A) veterans and the dependents of veterans; and
(B) members of the Armed Forces and the dependents of those
members.
(2) Contents.--The report required under paragraph (1)
shall include recommendations regarding how the Administrator
may improve the recruitment efforts described in that
paragraph.
(h) Sense of Congress.--It is the sense of Congress that--
(1) 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
(2) the workforce of the Transportation Security
Administration should be provided protections and benefits
under title 5, United States Code.
(i) Federal Air Marshal Service.--The Administrator shall--
(1) 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
(2) consult with appropriate labor associations that
represent a substantial percentage of Federal Air Marshal
Service employees regarding, with respect to those
employees--
(A) mental health;
(B) suicide rates;
(C) morale and recruitment;
(D) equipment and training; and
(E) any other personnel issues the Administrator determines
appropriate.
(j) Veterans Hiring.--
(1) Definitions.--In this subsection, the terms ``disabled
veteran'', ``preference eligible'', and ``veteran'' have the
meanings given the terms in section 2108 of title 5, United
States Code.
(2) 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.
(l) Prevention and Protection Against Certain Illness.--The
Administrator, in coordination with the Director of the
Centers for Disease Control and Prevention and the Director
of the National Institute of Allergy and Infectious Diseases,
shall ensure that covered employees are provided proper
guidance regarding prevention and protections against
coronavirus, including appropriate resources.
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