Rights for the TSA Workforce Act
- Bill Number
- S. 997
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-03-12: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- Last Updated
- 2026-03-21T11:03:25Z
AI-Generated Summary
Purpose of the Legislation
The "Rights for the TSA Workforce Act" (S. 997) seeks to improve the Transportation Security Administration's (TSA) security operations and workforce stability by transitioning TSA employees from a special, agency-specific personnel system to the standard federal personnel rules under Title 5 of the U.S. Code. This aims 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 non-Title 5 rules).
- Personnel Conversion:
- Freezes and restricts modifications to the existing TSA personnel system during a transition period, except for pay adjustments to match federal standards or responses to security threats.
- By the conversion date, repeals special TSA personnel authorities and applies Title 5 rules to all covered employees and positions.
- Immediately (within 90 days of enactment) applies Title 5's labor relations (Chapter 71) and appeals/grievances (Chapter 77) rules to screening agents, ending conflicting TSA policies.
- Requires the Office of Personnel Management (OPM) and Department of Agriculture's National Finance Center to update job classifications, payroll, and HR systems for TSA roles like Transportation Security Officers and Federal Air Marshals.
- Transition Rules:
- Ensures no reduction in pay, including adjusted basic pay (base salary plus fixed supplements like locality pay) or law enforcement availability pay.
- Credits prior TSA service toward equivalent General Schedule grades and steps for pay placement.
- Proposes a retirement pay calculation method for employees retiring soon after conversion, ensuring consistency with Title 5.
- Preserves premium and overtime pay for Federal Air Marshals at pre-conversion levels, amends Title 5 to explicitly include them.
- Maintains accrued leave, health benefits for part-time workers, emergency leave, shift differentials, and retention incentives.
- Allows screening agents to form or continue collective bargaining units at national and local levels, with current agreements preserved until new ones are negotiated.
- Consultation and Oversight:
- Requires TSA to consult with the exclusive union representative (e.g., the American Federation of Government Employees, certified in 2011) on conversion plans, including timelines and compliance.
- Prohibits strikes by TSA employees, affirming existing federal laws against disloyalty or striking government workers.
- Mandates a Secretary of Homeland Security plan to align background check rules for TSA hiring and contracts with broader transportation security standards.
- Reviews and Reports:
- Directs the Comptroller General (Government Accountability Office) to review TSA recruitment (focusing on veterans), implementation, promotion policies for diversity, and workplace harassment protections, with recommendations.
- Requires TSA briefings on assaults/threats against employees since 2019, including reporting procedures and needed authorities.
- Mandates annual TSA reports on employee job satisfaction, retention rates, and morale-improvement actions.
- Directs TSA to engage Federal Air Marshal representatives on issues like mental health, suicide prevention, morale, equipment, and schedules.
- Sense of Congress: Affirms that the current TSA system lacks adequate benefits and protections, and the shift to Title 5 should not reduce pay or benefits.
- Funding: Authorizes necessary appropriations to implement the Act.
Significant Changes to Existing Law
- Repeal of Special 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 Title 5 rules for pay, hiring, and labor relations. This includes nullifying the 2022 Determination on collective bargaining.
- Application of Title 5: Fully integrates TSA employees into federal civil service rules for pay (Chapter 53), labor unions (Chapter 71), appeals (Chapter 77), leave (Chapter 63), and benefits (Chapter 89), with targeted amendments to include Federal Air Marshals in availability and overtime pay provisions.
- Labor Rights Expansion: Immediately grants screening agents union rights and bargaining at national/local levels, overriding prior TSA restrictions; preserves but does not expand strike prohibitions.
- HR System Overhaul: Terminates any Title 5, Chapter 97 human resources experiments for TSA, requiring standardized job series and payroll integration.
Potential Impacts
- On Government Agencies: TSA and the Department of Homeland Security (DHS) will face administrative costs for system transitions, training, and compliance, but gain a more stable workforce potentially reducing turnover. OPM and other agencies must provide support for classifications and payroll, straining short-term resources. Oversight committees (e.g., Senate Commerce, Science, and Transportation) will receive more reports and briefings, enhancing accountability.
- On Citizens: Could lead to more reliable airport screenings and transportation security due to improved employee retention and morale, indirectly benefiting travelers through consistent operations. No direct cost to citizens, though implementation may draw from federal budgets.
- On International Relations: Minimal impact, as changes focus on domestic workforce management without altering TSA's global security coordination roles.
Main Stakeholders Affected
- TSA Employees: Primary beneficiaries, including ~60,000 screening agents, Federal Air Marshals, inspectors, and other covered staff, gaining Title 5 protections like fair pay, union rights, appeals processes, and anti-harassment measures.
- Labor Unions: Organizations like the American Federation of Government Employees gain enhanced bargaining roles and consultation rights for screening agents.
- TSA and DHS Leadership: Must manage the transition, including Administrator and Secretary decisions on timelines, policies, and Air Marshal support.
- Congressional Committees: Four specified committees (Senate Commerce, Science, and Transportation; Senate Homeland Security and Governmental Affairs; House Homeland Security; House Oversight and Government Reform) receive reports, briefings, and proposals for ongoing oversight.
- Veterans and Diverse Groups: Indirectly affected through recruitment reviews emphasizing veterans and leadership diversity reflective of U.S. demographics.
- General Public: As travelers and potential assailants of TSA staff, impacted by improved employee protections and assault response procedures.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Strengthens employee rights under federal labor law by ending TSA's exemptions, potentially reducing litigation over pay and grievances while tolling (pausing) ongoing cases during transition. Ensures compliance with Fair Labor Standards Act overtime for Air Marshals. The no-strike provision upholds existing criminal bans (18 U.S.C. § 1918; 5 U.S.C. § 7311), avoiding conflicts with security missions.
- Constitutional Implications: Aligns with due process and equal protection under the Fifth Amendment by providing uniform federal employee rights, without infringing on executive authority over national security (as exceptions for threats are retained). No First Amendment issues, as collective bargaining is expanded but strikes are prohibited.
- Political Implications: Introduced by a bipartisan group of 28 senators (mostly Democrats), it addresses criticisms of TSA's post-9/11 special status as under-protective of workers. Could set precedent for reforming other exempt agencies (e.g., intelligence community), influencing future labor debates in Congress. The sense of Congress provision signals strong legislative intent to prioritize workforce equity without compromising security.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (34)
Sen. Duckworth, Tammy [D-IL], Sen. Padilla, Alex [D-CA], Sen. Van Hollen, Chris [D-MD], Sen. Hickenlooper, John W. [D-CO], Sen. Shaheen, Jeanne [D-NH], Sen. Blumenthal, Richard [D-CT], Sen. Markey, Edward J. [D-MA], Sen. Fetterman, John [D-PA], Sen. Warren, Elizabeth [D-MA], Sen. Wyden, Ron [D-OR], Sen. Lujan, Ben Ray [D-NM], Sen. Merkley, Jeff [D-OR], Sen. Reed, Jack [D-RI], Sen. Heinrich, Martin [D-NM], Sen. Kaine, Tim [D-VA], Sen. Sanders, Bernard [I-VT], Sen. King, Angus S., Jr. [I-ME], Sen. Hirono, Mazie K. [D-HI], Sen. Smith, Tina [D-MN], Sen. Coons, Christopher A. [D-DE], Sen. Murray, Patty [D-WA], Sen. Peters, Gary C. [D-MI], Sen. Kelly, Mark [D-AZ], Sen. Klobuchar, Amy [D-MN], Sen. Booker, Cory A. [D-NJ], Sen. Cortez Masto, Catherine [D-NV], Sen. Bennet, Michael F. [D-CO], Sen. Blunt Rochester, Lisa [D-DE], Sen. Gallego, Ruben [D-AZ], Sen. Durbin, Richard J. [D-IL], Sen. Alsobrooks, Angela D. [D-MD], Sen. Baldwin, Tammy [D-WI], Sen. Schiff, Adam B. [D-CA], Sen. Murphy, Christopher [D-CT]
Recent Actions
- 2025-03-12: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- 2025-03-12: Introduced in Senate
Bill Versions
- Rights for the Transportation Security Administration Workforce Act — issued 2025-03-12 — PDF (25 pages)