; . (b) Effective date; applicability (1) In general Subject to paragraph (2), this section, and the amendments made by this section, shall take effect on the first day of the first pay period commencing on or after the date of enactment of this section. (2) Retroactive application (A) In general Any availability pay received for any pay period commencing before the date of enactment of this Act by a Federal air marshal or criminal investigator employed by the Transportation Security Administration shall be deemed basic pay under section 8331(3) of title 5, United States Code, if the Transportation Security Administration treated such pay as retirement-creditable basic pay, but the Office of Personnel Management, based on an interpretation of section 8331(3) of title 5, United States Code, did not accept such pay as retirement-creditable basic pay. (B) Implementation Not later than 3 months after the date of enactment of this Act, the Director of the Office of Personnel Management shall commence taking such actions as are necessary to implement the amendments made by this section with respect to availability pay deemed to be basic pay under subparagraph (A). 1909. Rank awards program for transportation security administration executives and senior professionals Section 114(n), as amended by section 1904 of this Act, is further amended— (1) by inserting (1) In general .— before The personnel management system and indenting appropriately; and (2) by adding at the end the following: (2) Meritorious Executive or Distinguished Executive rank awards Notwithstanding section 40122(g)(2) of this title, the applicable sections of title 5 shall apply to the Transportation Security Administration personnel management system, except that— (A) for purposes of applying such provisions to the personnel management system— (i) the term agency means the Department of Homeland Security