Rights for the TSA Workforce Act
- Bill Number
- H.R. 2086
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-03-11: Referred to the Subcommittee on Transportation and Maritime Security.
- Last Updated
- 2026-06-24T08:09:18Z
AI-Generated Summary
Purpose of the Legislation
The "Rights for the TSA Workforce Act" (H.R. 2086) aims to improve the Transportation Security Administration's (TSA) security operations and workforce stability by transitioning TSA employees from a special personnel system to the standard federal civil service rules under Title 5 of the United States Code. This shift is intended to provide TSA workers with greater protections, benefits, and rights similar to other federal employees, while maintaining national security priorities.
Key Provisions
- Definitions: Establishes terms like "covered employee" (any TSA position holder), "screening agent" (non-supervisory staff performing airport screenings), "conversion date" (when Title 5 fully applies, no later than December 31, 2025), and "TSA personnel management system" (the current special rules for TSA hiring, pay, and management).
- Restrictions on Current Systems: Immediately freezes modifications to existing TSA personnel policies (except for pay adjustments to match federal standards or responses to emergencies like national disasters). New policies require congressional notification within 7 days.
- Transition to Title 5:
- By the conversion date, all special TSA systems end, and employees shift to Title 5 rules for pay, hiring, promotions, and benefits.
- Chapters 71 (labor-management relations, allowing union bargaining) and 77 (appeals and grievances) apply to screening agents within 90 days of enactment.
- The Office of Personnel Management (OPM) must create job classifications for TSA roles (e.g., Transportation Security Officers) within 180 days, and the Department of Agriculture's National Finance Center must update payroll systems.
- Safeguards During Transition:
- Pending grievances or appeals can continue under old rules or move to Title 5 processes; unresolved ones are preserved until new rights apply.
- No reduction in pay or benefits; service in TSA pay bands counts toward equivalent General Schedule grades and steps.
- Secretary of Homeland Security must propose retirement calculations for early retirees (within 3 years of conversion) to align with Title 5.
- Specific Protections:
- Preserves law enforcement availability pay and overtime for Federal Air Marshals at pre-conversion levels; amends Title 5 to ensure they receive at least Fair Labor Standards Act overtime rates.
- Allows screening agents to form or maintain union bargaining units at national and local levels (with mutual consent for local agreements).
- Preserves leave balances, part-time pay premiums, emergency leave, split-shift differentials, and retention incentives.
- Consultation and Reporting Requirements:
- Immediate consultation with the certified union (e.g., American Federation of Government Employees) on transition plans; Secretary must respond in writing to union input.
- No right to strike; reaffirms federal laws prohibiting strikes by government employees.
- Secretary must submit a plan within 1 year to align background check rules for TSA hiring and contracts.
- Comptroller General (Government Accountability Office) must review and report on TSA recruitment (including veterans), implementation, promotion diversity, and workplace harassment protections within 1 year.
- Administrator must brief Congress on assaults against TSA staff (since 2019), communicate with air marshal groups on mental health and morale, and submit annual workforce reports on job satisfaction and retention.
- Sense of Congress: Declares that current TSA systems lack sufficient benefits and that Title 5 protections should not reduce pay or benefits.
- Funding: Authorizes necessary appropriations to implement the Act.
Significant Changes to Existing Law
- Repeal of Special TSA Authorities: Ends the TSA's unique personnel system under 49 U.S.C. § 114(n) and Section 111(d) of the Aviation and Transportation Security Act (2001), which allowed TSA to operate outside standard federal rules for flexibility in post-9/11 security needs.
- Application of Title 5: Brings all TSA positions under chapters of Title 5 covering civil service protections, including fair pay (Chapter 53), labor relations (Chapter 71), appeals (Chapter 77), and leave (Chapter 63). Previously, TSA had exemptions to expedite hiring and management.
- Amendments to Title 5: Adds provisions for Federal Air Marshals' premium and overtime pay (Sections 5542 and 5545a), ensuring no loss from the transition.
- Union Rights Expansion: Certifies the existing union as exclusive representative for screening agents under Chapter 71, enabling national bargaining supplemented by local agreements—previously limited by TSA's special system.
Potential Impacts
- On Government Agencies: TSA must overhaul personnel processes, potentially increasing administrative costs initially but improving long-term efficiency through standardized federal systems. OPM and other agencies (e.g., Department of Agriculture) will support implementation, straining resources short-term. Enhanced union involvement may slow decisions but boost workforce morale.
- On Citizens: Could lead to more stable airport security screening and air travel safety due to better employee retention and satisfaction. No direct impact on international relations, though it may indirectly support reliable U.S. transportation security for global travel.
- On TSA Workforce: Employees gain due process for grievances, collective bargaining rights, and benefits like fair promotions and anti-harassment protections, potentially reducing turnover (a noted issue in annual reports). Air marshals benefit from preserved pay and mental health focus, addressing high-stress roles.
Main Stakeholders Affected
- TSA Employees: Screening agents, Federal Air Marshals, inspectors, and other covered positions (over 60,000 workers) gain civil service protections; part-timers and veterans are specifically addressed.
- TSA Leadership and Department of Homeland Security: Must manage the transition, consult unions, and report to Congress, shifting from flexible to rule-based management.
- Labor Unions: The certified exclusive representative (e.g., AFGE Local 556) gains full bargaining rights; employees can choose alternatives.
- Congressional Committees: Homeland Security, Oversight, Commerce, and Governmental Affairs committees oversee implementation through briefings and reviews.
- Support Agencies: OPM (job classifications), Government Accountability Office (audits), and National Finance Center (payroll updates).
- General Public and Travelers: Indirectly affected through TSA's operational stability.
Notable Legal, Constitutional, or Political Implications
- Legal: Aligns TSA with broader federal employment law, reducing litigation risks from inconsistent grievance processes but requiring harmonized background checks to avoid hiring gaps. Preserves emergency policy flexibility to maintain security without full Title 5 constraints initially.
- Constitutional: Enhances due process (Fifth Amendment) and equal protection by providing standard appeal rights and union access, addressing past criticisms of TSA's "at-will" employment lacking oversight.
- Political: Bipartisan bill (introduced by Democrats and Republicans) reflects consensus on post-9/11 workforce reforms amid turnover concerns; emphasizes equity in promotions and harassment protections, potentially influencing future labor policies for security agencies. The "sense of Congress" underscores non-partisan support for employee rights without compromising security.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Thompson, Bennie G. [D-MS-2]
Cosponsors (187)
Rep. Connolly, Gerald E. [D-VA-11], Rep. DeLauro, Rosa L. [D-CT-3], Rep. McIver, LaMonica [D-NJ-10], Rep. Underwood, Lauren [D-IL-14], Rep. Kennedy, Timothy M. [D-NY-26], Rep. Bacon, Don [R-NE-2], Rep. Fitzpatrick, Brian K. [R-PA-1], Rep. Van Drew, Jefferson [R-NJ-2], Rep. Malliotakis, Nicole [R-NY-11], Rep. LaLota, Nick [R-NY-1], Rep. Lawler, Michael [R-NY-17], Rep. Tonko, Paul [D-NY-20], Rep. Garbarino, Andrew R. [R-NY-2], Rep. Jayapal, Pramila [D-WA-7], Rep. Bonamici, Suzanne [D-OR-1], Rep. Norcross, Donald [D-NJ-1], Rep. Wilson, Frederica S. [D-FL-24], Rep. Figures, Shomari [D-AL-2], Rep. Menendez, Robert [D-NJ-8], Rep. Garcia, Robert [D-CA-42], Rep. Tlaib, Rashida [D-MI-12], Rep. Barragán, Nanette Diaz [D-CA-44], Rep. McBath, Lucy [D-GA-6], Rep. Cherfilus-McCormick, Sheila [D-FL-20], Rep. Dingell, Debbie [D-MI-6], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Davis, Danny K. [D-IL-7], Rep. Titus, Dina [D-NV-1], Rep. Swalwell, Eric [D-CA-14], Rep. Casten, Sean [D-IL-6], Rep. Casar, Greg [D-TX-35], Rep. Williams, Nikema [D-GA-5], Rep. Kelly, Robin L. [D-IL-2], Rep. Sherrill, Mikie [D-NJ-11], Rep. McClellan, Jennifer L. [D-VA-4], Rep. Torres, Ritchie [D-NY-15], Rep. Schneider, Bradley Scott [D-IL-10], Rep. Nadler, Jerrold [D-NY-12], Rep. Sherman, Brad [D-CA-32], Rep. Cohen, Steve [D-TN-9], Rep. Correa, J. Luis [D-CA-46], Rep. Budzinski, Nikki [D-IL-13], Rep. Pallone, Frank [D-NJ-6], Rep. Khanna, Ro [D-CA-17], Rep. McGarvey, Morgan [D-KY-3], Rep. Magaziner, Seth [D-RI-2], Rep. Ocasio-Cortez, Alexandria [D-NY-14], Rep. Wasserman Schultz, Debbie [D-FL-25], Rep. Ramirez, Delia C. [D-IL-3], Rep. Pingree, Chellie [D-ME-1] and 137 more
Recent Actions
- 2025-03-11: Referred to the Subcommittee on Transportation and Maritime Security.
- 2025-03-11: Referred to the Committee on Homeland Security, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-03-11: Referred to the Committee on Homeland Security, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-03-11: Introduced in House
- 2025-03-11: Introduced in House
Bill Versions
- Rights for the Transportation Security Administration Workforce Act — issued 2025-03-11 — PDF (25 pages)