S. 997 — Rights for the TSA Workforce Act

This section defines 12 terms used in the Act, including (1) “2022 Determination” as the December 30, 2022, publication entitled “Determination on Transportation Security Officers and Collective Bargaining” issued by TSA Administrator David P. Pekoske, as modified or superseded; (2) “adjusted basic pay” as the rate of pay fixed by law or administrative action for a covered employee position before deductions, plus creditable regular fixed supplemental payments including locality pay and special rate supplements; (3) “screening agent” as a full- or part-time non-supervisory covered employee (i.e., TSA employee in a covered position) carrying out screening functions under 49 U.S.C. 44901; (4) “covered position” as a position within the Transportation Security Administration (TSA); and (5) “appropriate congressional committees” as the Senate Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs, and the House Committees on Homeland Security and Oversight and Government Reform.

This section freezes modifications to existing Transportation Security Administration (TSA) personnel management systems, policies, and directives for covered employees and positions (i.e., primarily screening, Federal Air Marshal Service, and inspection personnel) effective on enactment, with limited exceptions for pay parity adjustments under title 5, U.S. Code; new policies addressing unresolved matters or emerging threats to transportation security (each with congressional notice within 7 days); and continuation of existing systems through a transition period. Effective on a date set by the Secretary (no later than December 31, 2025), it (1) terminates all TSA personnel systems and related policies, including the 2022 Determination; (2) repeals TSA's special personnel authorities under 49 U.S.C. § 114(n) and section 111(d) of the Aviation and Transportation Security Act (P.L. 107-71); (3) ends any human resources systems under 5 U.S.C. chapter 97 for these employees and positions; and (4) converts covered employees and positions to title 5 authorities. It further (1) applies chapters 71 (labor-management relations) and 77 (appeals) of title 5 to covered employees performing screening under 49 U.S.C. § 44901 within 90 days of enactment; (2) requires the Office of Personnel Management to establish position series and classification standards for specified TSA roles within 180 days of enactment or December 31, 2025, whichever is earlier; and (3) directs the Department of Agriculture's National Finance Center to align payroll and personnel systems with title 5 chapter 53 by the same deadline. (As background, TSA's special personnel flexibilities, established post-9/11, have allowed customized management of its security workforce outside standard civil service rules.) This section also preserves pending grievances and appeals (initiated within 90 days of enactment), allowing transfer to title 5 proceedings or continuation within TSA.

This section establishes transition rules for Transportation Security Administration (TSA) covered employees (i.e., screening agents, federal air marshals, and certain others) converting to title 5, U.S. Code, personnel authorities. Specifically, it (1) prohibits any reduction in adjusted basic pay or law enforcement availability pay (LEAP) upon conversion and credits prior TSA pay band service equivalently toward General Schedule step placement; (2) requires the Secretary of Homeland Security, within 90 days of enactment, to submit a proposal to congressional committees for calculating retirement annuities for covered employees retiring within three years after the conversion date, consistent with title 5 and accounting for post-conversion service and pay; (3) permits pre-enactment federal air marshals and criminal investigators to receive premium pay up to prior TSA maximum levels, creditable by the Office of Personnel Management (OPM) for pay and retirement; (4) amends 5 U.S.C. §5545a to extend LEAP to TSA federal air marshals and amends 5 U.S.C. §5542 to provide them overtime pay no less than under Fair Labor Standards Act §7 (29 U.S.C. §207, i.e., 1.5 times regular rate for hours over 40 per workweek), effective on the conversion date; (5) preserves screening agents' eligibility to form collective bargaining units notwithstanding 5 U.S.C. §7112; and (6) preserves other rights including accrued leave (subject to title 5 caps), part-time pay premiums under FEHB, national emergency leave notwithstanding 5 U.S.C. §6329a, split-shift differentials, and group retention incentives notwithstanding specified title 5 restrictions.

This section designates the labor organization certified by the Federal Labor Relations Authority on June 29, 2011 (or any successor), as the exclusive representative for Transportation Security Administration (TSA) screening agents under chapter 71 of title 5, U.S. Code (i.e., the Federal Service Labor-Management Relations Statute), with full collective bargaining rights upon application of that chapter per section 3(c)(2), while permitting screening agents to select a different representative. It requires national-level collective bargaining for screening agents, supplemented by local-level bargaining and agreements only by mutual consent of the exclusive representative and the relevant Federal Security Director (or designee); preserves any existing collective bargaining agreement until replaced under chapter 71 (or revised by mutual agreement); and requires the Secretary of Homeland Security (1) to consult with the exclusive representative within 7 days of enactment on plans and deadlines for converting screening agents under this Act, (2) to provide written conversion plans—including the anticipated date and compliance measures for sections 3 and 4—before chapter 71 applies, and (3) to consider any views or recommendations from the exclusive representative and provide a written statement of reasons for final actions.

This section specifies that nothing in the Act repeals or otherwise affects 18 U.S.C. 1918 (disloyalty and asserting the right to strike against the federal government or the District of Columbia government, punishable by fine or imprisonment for not more than one year and a day) or 5 U.S.C. 7311 (loyalty and striking), or authorizes any activity not permitted under those provisions.

This section directs the Secretary of Homeland Security to submit to the appropriate congressional committees, not later than one year after the date of enactment of this Act, a plan to harmonize and update—for purposes of making appointments and authorizing or entering into contracts for services—the restrictions under 46 U.S.C. 70105(c) (relating to issuance of transportation security cards to maritime and other transportation workers based on criminal history and security threat assessments) and 49 U.S.C. 44936 (relating to employment investigations, including criminal history record checks, for aviation security screeners and personnel with access to aircraft or secured airport areas).

This section directs the Comptroller General of the United States to conduct four reviews of the Administration and submit related reports to Congress. (1) Not later than one year after enactment, a report on recruitment efforts—including for veterans, dependents of veterans, members of the Armed Forces, and their dependents—with recommendations for improvement. (2) A review of this Act's implementation, commencing not later than 60 days after the conversion date, with a report due not later than one year after the conversion date. (3) Not later than one year after enactment, a report on efforts to ensure equitable recruitment, appointment, promotion, and advancement opportunities with leadership demographics reflective of U.S. workforce demographics, including analysis of current leadership demographics and recommendations to improve procedures, internal promotions, retention, and advancement of covered employees. (4) Not later than one year after enactment, a report on efforts to protect staff from workplace harassment and assault—including sexual harassment, violence motivated by perceived race, ethnicity, religion, gender identity, or sexuality, and incidents by the general public—assessing current policies and response procedures, identifying protection failures, providing recommendations, and incorporating comments from covered employees and their labor organizations (including anonymously).

This section expresses the sense of Congress that (1) Transportation Security Administration (TSA) personnel management systems provide insufficient benefits and workplace protections to employees who secure U.S. transportation systems; (2) those employees should receive protections and benefits under title 5, U.S. Code (i.e., standard federal civil service rules); and (3) such protections and benefits should not reduce pay or benefits for current employees.

This section directs the Administrator to communicate with organizations representing a significant number of Federal Air Marshals, to the extent provided by law, to address concerns related to (1) mental health, (2) suicide rates, (3) morale and recruitment, (4) equipment and training, (5) work schedules and shifts including mandated periods of rest, and (6) other personnel issues the Administrator determines appropriate.

This section directs the Transportation Security Administration (TSA) Administrator to brief appropriate congressional committees, not later than 90 days after enactment, on (1) reports of physical or verbal assaults or threats against TSA screening agents by the general public since January 1, 2019; (2) procedures for reporting such incidents and how TSA communicates their availability; (3) steps taken by TSA to prevent and respond to such incidents; (4) related civil actions and criminal referrals made annually since January 1, 2019; and (5) any additional authorities needed to better prevent or respond to such incidents.

This section directs the Transportation Security Administration (TSA) Administrator to submit to the appropriate congressional committees, not later than one year after enactment and annually thereafter, a report on the TSA workforce that includes (1) an analysis of the Office of Personnel Management's Federal Employee Viewpoint Survey to determine job satisfaction rates of covered employees; (2) retention rates of covered employees at each airport, including transfers, as well as aggregate retention rates across the TSA workforce; and (3) information on actions taken by TSA to improve workforce morale and retention.