What does Preamble of Rights for the TSA Workforce Act do?

This bill, formally titled 'To enhance the security operations of the Transportation Security Administration and stability of the transportation security workforce by applying the personnel system under title 5, United States Code, to employees of the Transportation Security Administration, and for other purposes,' aims to improve the Transportation Security Administration's (TSA) security operations and workforce stability. The bill proposes applying the personnel system under Title 5 of the United States Code to TSA employees.

What does SHORT TITLE. of Rights for the TSA Workforce Act do?

This bill is formally titled the Rights for the Transportation Security Administration Workforce Act.

What does DEFINITIONS. of Rights for the TSA Workforce Act do?

This section defines terms used throughout the Act. The '2022 Determination' is defined as a specific publication issued by Administrator David P. Pekoske. “Adjusted basic pay” includes the rate of pay fixed by law or administrative action, and any regular, fixed supplemental payment for non-overtime hours. The 'Administration' refers to the Transportation Security Administration. The 'Administrator' refers to the Administrator of the Administration. ‘Appropriate congressional committees’ includes specific committees in both the Senate and the House of Representatives. The 'conversion date' refers to the date section 3(c)(1) takes effect. A 'covered employee' occupies a 'covered position' within the Administration. The term 'screening agent' is defined as a non-supervisory covered employee carrying out screening functions. The 'Secretary' refers to the Secretary of Homeland Security. The 'TSA personnel management system' refers to systems established or modified under specific sections of the Aviation and Transportation Security Act and Title 49.

What does CONVERSION OF TSA PERSONNEL. of Rights for the TSA Workforce Act do?

This section outlines the conversion of Transportation Security Administration (TSA) personnel management systems and authorities to Title 5 of the United States Code. Existing TSA personnel management systems and policies are generally restricted from modification until a conversion date, with exceptions for pay adjustments and certain emerging threats. Section 111(d) of the Aviation and Transportation Security Act and section 114(n) of title 49, United States Code, are repealed. Chapters 71 and 77 of Title 5, United States Code, will apply to covered employees carrying out screening functions within 90 days of enactment. The Office of Personnel Management is tasked with establishing position series and classification standards for TSA positions, and the National Finance Center will adjust systems to align with Title 5. Covered employees with pending or newly initiated grievances or appeals may have them moved to Title 5 proceedings or continued within the TSA. The conversion is intended to be completed by December 31, 2025, though the Secretary determines the exact date.

What does TRANSITION RULES. of Rights for the TSA Workforce Act do?

This section establishes transition rules for covered employees converting from the Transportation Security Administration (TSA) personnel management system to Title 5, United States Code. Covered employees may not experience a reduction in adjusted basic pay or law enforcement availability pay during the conversion. Years of service under the TSA system will be credited towards equivalent General Schedule positions for pay determination. The Secretary must propose a method for calculating retirement annuities for covered employees retiring within three years of the conversion date, consistent with Title 5. Federal air marshals and criminal investigators appointed before the enactment date may be eligible for premium pay up to existing levels. The Office of Personnel Management will recognize premium pay for calculating pay and retirement benefits. Amendments are made to Title 5 regarding availability pay and overtime pay for Federal air marshals employed by the TSA. Screening agents remain eligible to form a collective bargaining unit following the application of Title 5 chapter 71. Various rights, including accrued leave, part-time screening agents pay premiums, leave during national emergencies, split-shift differentials, and group retention incentives, are preserved for covered employees. The amendments regarding availability pay and overtime pay will apply beginning on the conversion date.

What does CONSULTATION REQUIREMENT. of Rights for the TSA Workforce Act do?

This section establishes a consultation requirement between the Secretary and the exclusive representative of screening agents regarding the conversion of those agents under this Act. The labor organization certified by the Federal Labor Relations Authority on June 29, 2011, or its successor, is designated as the exclusive representative of screening agents under chapter 71 of title 5, United States Code. Collective bargaining for covered employees must occur at the national level, but may be supplemented by local-level bargaining with mutual consent. Existing collective bargaining agreements remain in effect until a new agreement is entered into under chapter 71, unless mutually revised. The Secretary must consult with the exclusive representative within 7 days of enactment and provide written plans for the conversion process. The Secretary must consider any views or recommendations from the exclusive representative before taking final action and provide a written statement of reasons for those actions.

What does NO RIGHT TO STRIKE. of Rights for the TSA Workforce Act do?

This section clarifies that the Act does not repeal or affect existing laws related to disloyalty and striking against the government. Specifically, it references sections 1918 of title 18 and 7311 of title 5 of the United States Code. The Act does not authorize any activity not already permitted under these referenced provisions of law.

What does PROPOSAL ON HIRING AND CONTRACTING BACKGROUND CHECK of Rights for the TSA Workforce Act do?

This section requires the Secretary to submit a plan to congressional committees. The plan must harmonize and update restrictions related to transportation security cards (46 U.S.C. §70105(c)) and employment investigations (49 U.S.C. §44936). The plan is due within one year of the Act's enactment.

What does COMPTROLLER GENERAL REVIEWS. of Rights for the TSA Workforce Act do?

This section requires the Comptroller General of the United States to submit multiple reports to Congress regarding the Administration's efforts. One report, due within one year of enactment, will focus on the Administration's recruitment efforts, particularly those related to veterans and military families, and include recommendations for improvement. Another review, commencing within 60 days of a 'conversion date,' will assess the implementation of this Act, with a report due within one year of that date. A third report, also due within one year of enactment, will examine efforts to ensure equitable recruitment, appointment, promotion, and advancement opportunities, and to achieve leadership demographics reflective of the U.S. workforce. The Comptroller General must also submit a report on the Administration's policies and procedures to ensure staff safety regarding harassment and assault, including sexual harassment and violence. This review of harassment and assault policies will include an analysis of current policies, descriptions of failures to protect employees, and recommendations for improvement. The Comptroller General is directed to provide opportunities for covered employees and labor organizations to submit comments, including anonymously, during the harassment and assault review.

What does SENSE OF CONGRESS. of Rights for the TSA Workforce Act do?

This section expresses the sense of Congress regarding TSA personnel management systems. Congress believes these systems provide insufficient benefits and workplace protections. The section indicates that covered employees should receive protections and benefits outlined in Title 5 of the United States Code. It is the sense of Congress that providing these protections and benefits should not lead to a reduction in pay or existing benefits for current covered employees.

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Rights for the TSA Workforce Act

Last updated: 3/12/2025 · Introduced: 3/12/2025

Author: Brian Schatz (D-HI)

TL;DR (AI)

This bill applies Title 5 of the United States Code, which governs federal employee personnel systems, to Transportation Security Administration (TSA) employees, particularly those performing screening functions.
Existing TSA employees will generally maintain their current pay and benefits during the transition to Title 5, and their years of service will be credited towards equivalent General Schedule positions.
The bill designates the labor organization representing TSA screening agents as the exclusive representative for collective bargaining purposes under Title 5.
The Secretary of Homeland Security must submit a plan to Congress for harmonizing background check restrictions related to transportation security cards and employment investigations.
The Government Accountability Office (GAO) will conduct multiple reviews, including assessments of TSA recruitment efforts, implementation of the Act, workforce demographics, and policies addressing employee safety, particularly regarding harassment and assault.

119th Congressin committeeHR. 2086(In Committee)Official page

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Includes provisions on preamble, short title., and 12 more.

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