PolicyBrief
S. 997
119th CongressMar 12th 2025
Rights for the Transportation Security Administration Workforce Act
IN COMMITTEE

The "Rights for the Transportation Security Administration Workforce Act" transitions TSA employees to standard federal employment rules under Title 5 of the U.S. Code, expands collective bargaining rights, and requires reports on recruitment, implementation, and workplace safety.

Brian Schatz
D

Brian Schatz

Senator

HI

LEGISLATION

TSA Workforce Shift: Bill Moves Screeners, Air Marshals to Standard Federal Pay and Rights System by End of 2025

This legislation, the 'Rights for the Transportation Security Administration Workforce Act,' fundamentally changes how TSA employees are managed, paid, and protected. The core move is transitioning the entire TSA workforce—from Transportation Security Officers (TSOs) you see at checkpoints to Federal Air Marshals—out of their unique personnel system and into the standard system governing most federal employees under Title 5 of the U.S. Code. This shift is mandated to happen by December 31, 2025, aiming to provide TSA staff with comparable rights, benefits, and job protections enjoyed by other federal workers.

Out with the Old, In with Title 5

Effective immediately upon enactment, the bill freezes the TSA's current, separate personnel system (Sec. 3). No new policies can be made under the old rules, except for specific annual pay adjustments to maintain parity or urgent policies related to emerging security threats (which require notifying Congress). The special authorities allowing TSA to create its own HR rules are set to be repealed on the 'conversion date' (no later than Dec 31, 2025), at which point Title 5 officially takes over for all TSA positions. For screeners, some key Title 5 rights kick in much sooner: within 90 days of enactment, they gain full collective bargaining rights (Chapter 71) and standard federal processes for appeals and grievances (Chapter 77). This means the existing union representing screeners (certified back in 2011) gains full federal labor relations rights, though employees could choose a different representative later (Sec. 5). The Office of Personnel Management (OPM) also has 180 days to establish standard job classifications for positions like TSOs and Air Marshals (Sec. 3).

Protecting Paychecks and People During the Switch

A major focus is ensuring employees aren't worse off during this transition (Sec. 4). The bill explicitly states that no covered employee will see a cut in their 'adjusted basic pay' (your base pay plus locality and other regular additions) when they convert to the Title 5 system. Their years served under the TSA pay bands will count towards determining their step placement in the standard General Schedule (GS) pay scale. Accrued annual and sick leave balances are also protected. For specific groups, there are tailored provisions: Federal Air Marshals maintain eligibility for Law Enforcement Availability Pay (LEAP) and specific overtime rules, ensuring their pay reflects the demands of their job. The bill also mandates consultation with Air Marshal organizations on critical issues like mental health support, suicide rates, scheduling, and equipment (Sec. 10). Part-time screeners will pay health insurance premiums on the same basis as full-timers, and eligible screeners can receive extra pay for split shifts.

More Eyes on the Inside

Beyond the structural changes, the Act ramps up oversight and reporting requirements. The Comptroller General (an independent watchdog) is tasked with several deep dives (Sec. 8): reviewing TSA's recruitment efforts (especially for veterans), how well this transition is implemented, promotion policies and leadership diversity, and crucially, how TSA handles workplace harassment and assault, including incidents involving the public. Employees will have channels, including anonymous ones, to provide input for the harassment/assault review. The TSA Administrator also needs to brief Congress within 90 days on assaults against screeners since 2019 and the procedures for handling them (Sec. 11). Furthermore, annual reports are required on employee job satisfaction (via the Federal Employee Viewpoint Survey) and retention rates across all airports (Sec. 12). Lastly, the Secretary of Homeland Security must develop a plan within a year to streamline and update background check requirements for TSA hiring and contracting (Sec. 7).