Floor SpeechNeutral2026-06-24

Text of Senate Amendment 6255

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Context

On 2026-06-24, Senator Brian Schatz (D-HI) delivered a floor speech titled "Text Of Senate Amendment 6255" in the Senate.

Full Text

Text of Senate Amendment 6255

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Pages S3414-S3417] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6255. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 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: TITLE __--RIGHTS FOR THE TSA WORKFORCE ACT SEC. __01. SHORT TITLE. This title may be cited as the ``Rights for the Transportation Security Administration Workforce Act'' or the ``Rights for the TSA Workforce Act''. SEC. __02. DEFINITIONS. In this title-- (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 __03(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. __03. 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. (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 the date of enactment of this Act; 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 [[Page S3415]] 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, 2026-- (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, 2026, 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 title. (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 90-day period beginning on the date of enactment of this Act, 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 title. (3) Preservation of rights.--Notwithstanding any other provision of law, any appeal or grievance continued under this subsection 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. __04. TRANSITION RULES. (a) Nonreduction in Pay and Compensation.--Under such pay conversion rules as the Secretary may prescribe to carry out this title, a covered employee converted from a TSA personnel management system to the provisions of title 5, United States Code, under section __03(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

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Text of Senate Amendment 6255 Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Pages S3414-S3417] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6255. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 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: TITLE __--RIGHTS FOR THE TSA WORKFORCE ACT SEC. __01. SHORT TITLE. This title may be cited as the ``Rights for the Transportation Security Administration Workforce Act'' or the ``Rights for the TSA Workforce Act''. SEC. __02. DEFINITIONS. In this title-- (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 __03(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. __03. 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. (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 the date of enactment of this Act; 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 [[Page S3415]] 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, 2026-- (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, 2026, 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 title. (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 90-day period beginning on the date of enactment of this Act, 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 title. (3) Preservation of rights.--Notwithstanding any other provision of law, any appeal or grievance continued under this subsection 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. __04. TRANSITION RULES. (a) Nonreduction in Pay and Compensation.--Under such pay conversion rules as the Secretary may prescribe to carry out this title, a covered employee converted from a TSA personnel management system to the provisions of title 5, United States Code, under section __03(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