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 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 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 Act. (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).