Sec. 143. Rights for transportation security officers
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For purposes of this section— the term adjusted basic pay means— the rate of pay fixed by law or administrative action for the position held by a covered employee before any deductions; and 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; the term Administrator means the Administrator of the Transportation Security Administration; the term covered employee means an employee who holds a covered position; the term covered position means a position within the Transportation Security Administration; the term conversion date means the date as of which subparagraphs
(A)through
(D)of paragraph
(3)of subsection
(b)take effect; 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; the term employee has the meaning given such term by section 2105 of title 5, United States Code; the term Secretary means the Secretary of Homeland Security; and the term TSA personnel management system means any personnel management system established or modified 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. Notwithstanding any other provision of law, effective as of the date of the enactment of this Act— any TSA personnel management system in use for covered employees and covered positions on the day before such date of enactment, and any TSA personnel management policy, letters, guideline, or directive in effect on such day may not be modified; no TSA personnel management policy, letter, guideline, or directive that was not established before such 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 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. 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 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)of this subsection. Effective as of the date determined by the Secretary, but in no event later than 180 days after the date of the enactment of this Act— each provision of law cited in paragraph
(9)of subsection
(a)of this section is repealed; any TSA personnel management policy, letter, guideline, and directive, including the 2019 Determination, shall cease to be effective; 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 covered employees and covered positions shall be subject to the provisions of title 5, United States Code. In carrying out this Act, 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 TSA on the date of enactment of this Act or at any time during the transition period described in paragraph
(3)of this subsection to have such grievance removed to proceedings pursuant to title 5, United States Code, or continued within TSA. Under 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, pursuant to paragraph
(D)of subsection (b)(3) of this section shall not be subject to any reduction in the rate of adjusted basic pay payable, or total compensation provided, to such covered employee. In the case of each covered employee as of the conversion date, the Secretary shall take any actions necessary to ensure that— 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 employee until used; and the Government share of any premiums or other periodic charges under chapter 89 of title 5, United States Code, governing group health insurance shall remain at least the same as was the case immediately before the conversion date. Not later than the date that is 9 months after the date of enactment of this Act, the Comptroller General shall submit a report to Congress on the differences in rates of pay, classified by pay system, between Transportation Security Administration employees— with duty stations in the contiguous 48 States; and with duty stations outside of such States, including those employees located in any territory or possession of the United States. During the transition period and after the conversion date, the Secretary shall ensure that the Transportation Security Administration continues to prevent the hiring of individuals who have been convicted of a sex crime, an offense involving a minor, a crime of violence, or terrorism. The labor organization certified by the Federal Labor Relations Authority on June 29, 2011, or successor labor organization shall be treated as the exclusive representative of full- and part-time non-supervisory TSA personnel carrying out screening functions under section 44901 of title 49, United States Code, and shall be the exclusive representative for such personnel under chapter 71 of title 5, United States Code, with full rights under such chapter. Any collective bargaining agreement covering such personnel on the date of enactment of this Act shall remain in effect, consistent with paragraph (4). Not later than 7 days after the date of the enactment of this Act, the Secretary shall consult with the exclusive representative for the personnel described in subsection
(a)under chapter 71 of title 5, United States Code, on the formulation of plans and deadlines to carry out the conversion of covered employees and covered positions under this Act. Prior to the conversion date, the Secretary shall provide (in writing) to such exclusive representative the plans for how the Secretary intends to carry out the conversion of covered employees and covered positions under this Act, including with respect to such matters as— the anticipated conversion date; and measures to ensure compliance with subsections
(b)and (c). If any views or recommendations are presented under paragraph
(2)by the exclusive representative, 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 taken. The provisions of this section shall cease to be effective as of the conversion date.
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Sec. 143
Rights for transportation security officers
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