I 
119TH CONGRESS 
1ST SESSION H. R. 2086 
To enhance the security operations of the Transportation Security Administra-
tion 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. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2025 
Mr. THOMPSON of Mississippi (for himself, Mr. CONNOLLY, Ms. DELAURO, 
Mrs. MCIVER, Ms. UNDERWOOD, Mr. KENNEDY of New York, Mr. 
BACON, Mr. FITZPATRICK, Mr. VAN DREW, Ms. MALLIOTAKIS, Mr. 
LALOTA, and Mr. LAWLER) introduced the following bill; which was re-
ferred to the Committee on Homeland Security, and in addition to the 
Committee on Oversight and Government Reform, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To enhance the security operations of the Transportation 
Security Administration and stability of the transpor-
tation security workforce by applying the personnel sys-
tem under title 5, United States Code, to employees 
of the Transportation Security Administration, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Rights for the Trans-
portation Security Administration Workforce Act’’ or the 
‘‘Rights for the TSA Workforce Act’’. 
SEC. 2. DEFINITIONS. 
In this Act— 
(1) the term ‘‘2022 Determination’’ means the 
publication, entitled ‘‘Determination on Transpor-
tation Security Officers and Collective Bargaining’’, 
issued on December 30, 2022, by Administrator 
David P. Pekoske, as modified, or any superseding 
subsequent determination; 
(2) the term ‘‘adjusted basic pay’’ means— 
(A) the rate of pay fixed by law or admin-
istrative action for a position occupied by a cov-
ered employee before any deductions; and 
(B) any regular, fixed supplemental pay-
ment for non-overtime hours of work creditable 
as basic pay for retirement purposes, including 
any applicable locality payment and any special 
rate supplement; 
(3) the term ‘‘Administration’’ means the 
Transportation Security Administration; 
(4) the term ‘‘Administrator’’ means the Ad-
ministrator of the Administration; 
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(5) the term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; 
(B) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(C) the Committee on Homeland Security 
of the House of Representatives; and 
(D) the Committee on Oversight and Gov-
ernment Reform of the House of Representa-
tives; 
(6) the term ‘‘conversion date’’ means the date 
on which subparagraphs (A) through (F) of section 
3(c)(1) take effect; 
(7) the term ‘‘covered employee’’ means an em-
ployee who occupies a covered position; 
(8) the term ‘‘covered position’’ means a posi-
tion within the Administration; 
(9) the term ‘‘employee’’ has the meaning given 
the term in section 2105 of title 5, United States 
Code; 
(10) the term ‘‘screening agent’’ means a full- 
or part-time non-supervisory covered employee car-
rying out screening functions under section 44901 of 
title 49, United States Code; 
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(11) the term ‘‘Secretary’’ means the Secretary 
of Homeland Security; and 
(12) the term ‘‘TSA personnel management 
system’’ means any personnel management system 
established or modified under— 
(A) section 111(d) of the Aviation and 
Transportation Security Act (49 U.S.C. 44935 
note); or 
(B) section 114(n) of title 49, United 
States Code. 
SEC. 3. CONVERSION OF TSA PERSONNEL. 
(a) RESTRICTIONS
ON CERTAIN PERSONNEL AU-
THORITIES.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, effective as of the date of enact-
ment of this Act— 
(A) any TSA personnel management sys-
tem in use for covered employees and covered 
positions on the day before that date of enact-
ment, and any personnel management policy, 
letter, guideline, or directive of the Administra-
tion in effect on that day, may not be modified; 
(B) no personnel management policy, let-
ter, guideline, or directive of the Administration 
that was not established before that date issued 
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pursuant to section 111(d) of the Aviation and 
Transportation Security Act (49 U.S.C. 44935 
note) or section 114(n) of title 49, United 
States Code, may be established; and 
(C) any authority to establish or adjust a 
human resources management system under 
chapter 97 of title 5, United States Code, shall 
terminate with respect to covered employees 
and covered positions. 
(2) EXCEPTIONS.— 
(A) 
PAY.—Notwithstanding 
paragraph 
(1)(A), the limitation in that paragraph shall 
not apply to any personnel management policy, 
letter, guideline, or directive of the Administra-
tion relating to annual adjustments to pay 
schedules and locality-based comparability pay-
ments in order to maintain parity with those 
adjustments authorized under sections 5303, 
5304, 5304a, and 5318 of title 5, United States 
Code; and 
(B) 
ADDITIONAL
POLICY.—Notwith-
standing paragraph (1)(B), new personnel man-
agement policy of the Administration may be 
issued if— 
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(i) that policy is needed to resolve a 
matter not specifically addressed in policy 
in effect on that date of enactment; and 
(ii) the Secretary provides that policy, 
with an explanation of the necessity of that 
policy, to the appropriate congressional 
committees not later than 7 days after the 
date on which the policy is issued. 
(C) EMERGING
THREATS
TO
TRANSPOR-
TATION
SECURITY
DURING
TRANSITION
PE-
RIOD.— 
(i) IN
GENERAL.—Notwithstanding 
paragraph (1), any personnel management 
policy, letter, guideline, or directive of the 
Administration relating to an emerging 
threat to transportation security, including 
national emergencies or disasters and pub-
lic health threats to transportation secu-
rity, may be modified or established until 
the conversion date. 
(ii) SUBMISSION TO CONGRESS.—Not 
later than 7 days after the date on which 
any personnel management policy, letter, 
guideline, or directive of the Administra-
tion is modified or established under clause 
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(i), the Secretary shall provide to the ap-
propriate congressional committees that es-
tablished or modified policy, letter, guide-
line, or directive, as applicable, which shall 
contain an explanation of the necessity of 
that establishment or modification. 
(b) PERSONNEL AUTHORITIES DURING TRANSITION 
PERIOD.—Any TSA personnel management system in use 
for covered employees and covered positions on the day 
before the date of enactment of this Act, and any per-
sonnel management policy, letter, guideline, or directive 
of the Administration in effect on the day before the date 
of enactment of this Act, shall remain in effect until the 
conversion date. 
(c) TRANSITION TO TITLE 5.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), effective beginning on a date determined 
by the Secretary, but in no event later than Decem-
ber 31, 2025— 
(A) all TSA personnel management sys-
tems shall cease to be in effect; 
(B) section 114(n) of title 49, United 
States Code, is repealed; 
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(C) section 111(d) of the Aviation and 
Transportation Security Act (Public Law 107– 
71; 49 U.S.C. 44935 note) is repealed; 
(D) any personnel management policy, let-
ter, guideline, or directive of the Administra-
tion, including the 2022 Determination, shall 
cease to be effective; 
(E) any human resources management sys-
tem established or adjusted under chapter 97 of 
title 5, United States Code, with respect to cov-
ered employees or covered positions shall cease 
to be effective; and 
(F) covered employees and covered posi-
tions shall be subject to the provisions of title 
5, United States Code. 
(2) CHAPTERS 71 AND 77 OF TITLE 5.—Not 
later than 90 days after the date of enactment of 
this Act— 
(A) chapters 71 and 77 of title 5, United 
States Code, shall apply to covered employees 
carrying out screening functions pursuant to 
section 44901 of title 49, United States Code; 
and 
(B) any policy, letter, guideline, or direc-
tive issued under section 111(d) of the Aviation 
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and Transportation Security Act (49 U.S.C. 
44935 note) relating to matters otherwise cov-
ered by chapter 71 or 77 of title 5, United 
States Code, shall cease to be in effect. 
(3) ASSISTANCE
OF
OTHER
AGENCIES.—Not 
later than 180 days after the date of enactment of 
this Act, or December 31, 2025, whichever is ear-
lier— 
(A) the Director of the Office of Personnel 
Management shall establish a position series 
and classification standard for the positions of 
Transportation Security Officer, Federal air 
marshal, Transportation Security Inspector, 
and other positions requested by the Adminis-
trator; and 
(B) the National Finance Center of the 
Department of Agriculture shall make nec-
essary changes to Financial Management Serv-
ices and Human Resources Management Serv-
ices to ensure payroll, leave, and other per-
sonnel processing systems for covered employees 
are consistent with chapter 53 of title 5, United 
States Code, and provide functions as needed to 
implement this Act. 
(d) SAFEGUARDS ON GRIEVANCES AND APPEALS.— 
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(1) IN GENERAL.—Each covered employee with 
a grievance or appeal pending within the Adminis-
tration on the date of enactment of this Act or initi-
ated during the transition period described in sub-
section (c) may have that grievance or appeal re-
moved to proceedings pursuant to title 5, United 
States Code, or continued within TSA. 
(2) AUTHORITY.—With respect to any griev-
ance or appeal continued within the Administration 
under paragraph (1), the Administrator may con-
sider and finally adjudicate that grievance or appeal 
notwithstanding any other provision of this Act. 
(3) 
PRESERVATION
OF
RIGHTS.—Notwith-
standing any other provision of law, any appeal or 
grievance continued under this section that is not fi-
nally adjudicated under paragraph (2) shall be pre-
served and all timelines tolled until the rights af-
forded by application of chapters 71 and 77 of title 
5, United States Code, are made available under 
subsection (c)(2). 
SEC. 4. TRANSITION RULES. 
(a) NONREDUCTION IN PAY AND COMPENSATION.— 
Under such pay conversion rules as the Secretary may pre-
scribe to carry out this Act, a covered employee converted 
from a TSA personnel management system to the provi-
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sions of title 5, United States Code, under section 
3(c)(1)(F)— 
(1) may not be subject to any reduction in ei-
ther the rate of adjusted basic pay payable or law 
enforcement availability pay payable to that covered 
employee; and 
(2) shall be credited for years of service in a 
specific pay band under a TSA personnel manage-
ment system as if the covered employee had served 
in an equivalent General Schedule position at the 
same grade, for purposes of determining the appro-
priate step within a grade at which to establish the 
converted rate of pay of the covered employee. 
(b) RETIREMENT PAY.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary 
shall submit to the appropriate congressional com-
mittees a proposal, including proposed legislative 
changes if needed, for determining the average pay 
of any covered employee who retires not later than 
3 years after the conversion date for purposes of cal-
culating the retirement annuity of the covered em-
ployee. 
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(2) REQUIREMENTS.—The proposal required 
under paragraph (1) shall be structured in a manner 
that— 
(A) is consistent with title 5, United States 
Code; and 
(B) appropriately accounts for the service 
of a covered employee to which the proposal ap-
plies, and the annual rate of basic pay of such 
a covered employee, following the conversion 
date. 
(c) LIMITATION ON PREMIUM PAY.— 
(1) IN
GENERAL.—Notwithstanding section 
5547 of title 5, United States Code, or any other 
provision of law, a Federal air marshal or criminal 
investigator who is appointed to that position before 
the date of enactment of this Act may be eligible for 
premium pay up to the maximum level allowed by 
the Administrator before the date of enactment of 
this Act. 
(2) OPM RECOGNITION.—The Director of the 
Office of Personnel Management shall recognize pre-
mium pay paid pursuant to paragraph (1) as fully 
creditable for the purposes of calculating pay and re-
tirement benefits. 
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(d) PRESERVATION OF LAW ENFORCEMENT AVAIL-
ABILITY PAY AND OVERTIME PAY RATES FOR FEDERAL 
AIR MARSHALS.— 
(1) LEAP.—Section 5545a of title 5, United 
States Code, is amended— 
(A) in subsection (a)(2), in the matter pre-
ceding subparagraph (A), by striking ‘‘sub-
section (k)’’ and inserting ‘‘subsection (l)’’; 
(B) by redesignating subsection (k) as sub-
section (l); and 
(C) by inserting after subsection (j) the 
following: 
‘‘(k) The provisions of subsections (a) through (h) 
providing for availability pay shall apply to any Federal 
air marshal who is an employee of the Transportation Se-
curity Administration.’’. 
(2) OVERTIME.—Section 5542 of title 5, United 
States Code, is amended by adding at the end the 
following: 
‘‘(i) Notwithstanding any other provision of law, a 
Federal air marshal who is an employee of the Transpor-
tation Security Administration shall receive overtime pay 
under this section, at such a rate and in such a manner 
so that such Federal air marshal does not receive less 
overtime pay than such Federal air marshal would receive 
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were that Federal air marshal subject to the overtime pay 
provisions of section 7 of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 207).’’. 
(3) EFFECTIVE DATE.—The amendments made 
by paragraphs (1) and (2) shall apply beginning on 
the conversion date. 
(e) 
COLLECTIVE
BARGAINING
UNIT.—Notwith-
standing section 7112 of title 5, United States Code, fol-
lowing the application of chapter 71 of that title pursuant 
to section 3(c)(2) of this Act, screening agents shall re-
main eligible to form a collective bargaining unit. 
(f) PRESERVATION OF OTHER RIGHTS.—The Sec-
retary shall take any actions necessary to ensure that the 
following rights are preserved and available for each cov-
ered employee beginning on the conversion date, and for 
any covered employee appointed after the conversion date, 
and continue to remain available to covered employees 
after the conversion date: 
(1) Any annual leave, sick leave, or other paid 
leave accrued, accumulated, or otherwise available to 
a covered employee immediately before the conver-
sion date shall remain available to the covered em-
ployee until used, subject to any limitation on accu-
mulated leave under chapter 63 of title 5, United 
States Code. 
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(2) Part-time screening agents pay premiums 
under chapter 89 of title 5, United States Code, on 
the same basis as full-time covered employees. 
(3) Notwithstanding section 6329a of title 5, 
United States Code, covered employees are provided 
appropriate leave during national emergencies to as-
sist the covered employees and ensure the Adminis-
tration meets mission requirements. 
(4) Eligible screening agents receive a split-shift 
differential for regularly scheduled split-shift work 
as well as regularly scheduled overtime and irregular 
and occasional split-shift work. 
(5) Notwithstanding sections subsections (c), 
(e), and (f) of section 5754 of title 5, United States 
Code, eligible covered employees receive group reten-
tion incentives, as appropriate. 
SEC. 5. CONSULTATION REQUIREMENT. 
(a) EXCLUSIVE REPRESENTATIVE.— 
(1) IN GENERAL.— 
(A) APPLICATION.—Beginning on the date 
that chapter 71 of title 5, United States Code 
(referred to in this subsection as ‘‘chapter 71’’), 
begins to apply to covered employees under sec-
tion 3(c)(2), the labor organization certified by 
the Federal Labor Relations Authority on June 
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29, 2011, or any successor labor organization, 
shall be treated as the exclusive representative 
of screening agents and shall be the exclusive 
representative for screening agents under chap-
ter 71, with full rights under chapter 71. 
(B) RULE OF CONSTRUCTION.—Nothing in 
this subsection may be construed to prevent 
covered employees from selecting an exclusive 
representative other than the labor organization 
described in paragraph (1) for purposes of col-
lective bargaining under chapter 71. 
(2) NATIONAL LEVEL.— 
(A) IN
GENERAL.—Notwithstanding any 
provision of chapter 71, collective bargaining 
for any unit of covered employees shall occur at 
the national level, but may be supplemented by 
local level bargaining and local level agreements 
in furtherance of elements of a national agree-
ment or on issues of any local unit of covered 
employees not otherwise covered by a national 
agreement. 
(B) MUTUAL CONSENT REQUIRED.—Local- 
level bargaining and local-level agreements de-
scribed in subparagraph (A) shall occur only by 
mutual consent of the exclusive representative 
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of screening agents and the Federal Security 
Director (or a designee of such an official) of 
those screening agents. 
(3) CURRENT AGREEMENT.—Any collective bar-
gaining agreement covering such personnel in effect 
on the date of enactment of this Act shall remain in 
effect until a collective bargaining agreement is en-
tered into under chapter 71, unless the Adminis-
trator and exclusive representative mutually agree to 
revisions to such an agreement. 
(b) CONSULTATION PROCESS.— 
(1) IN GENERAL.—Not later than 7 days after 
the date of enactment of this Act, the Secretary 
shall consult with the exclusive representative for the 
screening agents described in subsection (a)(1) 
under chapter 71 of title 5, United States Code, on 
the formulation of plans and deadlines to carry out 
the conversion, under this Act, of those screening 
agents. 
(2) WRITTEN
PLANS.—Before the date that 
chapter 71 of title 5, United States Code, begins to 
apply under section 3(c)(2), the Secretary shall pro-
vide (in writing) to the exclusive representative de-
scribed in paragraph (1) the plans for how the Sec-
retary intends to carry out the conversion of covered 
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employees under this Act, including with respect to 
such matters as— 
(A) the anticipated conversion date; and 
(B) measures to ensure compliance with 
sections 3 and 4. 
(c) REQUIRED AGENCY RESPONSE.—If any views or 
recommendations are presented under subsection (b) by 
the exclusive representative described in that subsection, 
the Secretary shall— 
(1) consider the views or recommendations be-
fore taking final action on any matter with respect 
to which the views or recommendations are pre-
sented; and 
(2) provide the exclusive representative a writ-
ten statement of the reasons for the final actions to 
be taken. 
SEC. 6. NO RIGHT TO STRIKE. 
Nothing in this Act may be considered— 
(1) to repeal or otherwise affect— 
(A) section 1918 of title 18, United States 
Code (relating to disloyalty and asserting the 
right to strike against the Government); or 
(B) section 7311 of title 5, United States 
Code (relating to loyalty and striking); or 
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(2) to otherwise authorize any activity that is 
not permitted under a provision of law described in 
subparagraph (A) or (B) of paragraph (1). 
SEC. 7. PROPOSAL ON HIRING AND CONTRACTING BACK-
GROUND CHECK REQUIREMENTS. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary shall submit to the appropriate 
congressional committees a plan to harmonize and update, 
for the purposes of making appointments and for author-
izing or entering into any contract for service, the restric-
tions under section 70105(c) of title 46, United States 
Code, (relating to the issuance of transportation security 
cards) and section 44936 of title 49, United States Code, 
(relating to employment investigations and restrictions). 
SEC. 8. COMPTROLLER GENERAL REVIEWS. 
(a) REVIEW OF RECRUITMENT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Comptroller 
General of the United States shall submit to Con-
gress a report on the efforts of the Administration 
regarding recruitment, including recruitment efforts 
relating to veterans, the dependents of veterans, 
members of the Armed Forces, and the dependents 
of such members. 
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(2) RECRUITMENT.—The report required under 
paragraph (1) shall include recommendations re-
garding how the Administration may improve the re-
cruitment efforts described in that paragraph. 
(b) REVIEW OF IMPLEMENTATION.—The Comptroller 
General of the United States shall— 
(1) not later than 60 days after the conversion 
date, commence a review of the implementation of 
this Act; and 
(2) not later than 1 year after the conversion 
date, submit to Congress a report on the review con-
ducted under paragraph (1). 
(c) REVIEW OF PROMOTION POLICIES AND LEADER-
SHIP DIVERSITY.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General of the 
United States shall submit to Congress a report— 
(1) on the efforts of the Administration to en-
sure that recruitment, appointment, promotion, and 
advancement opportunities within the Administra-
tion are equitable and provide for demographics 
among senior leadership that are reflective of the 
workforce demographics of the United States; and 
(2) that, to the extent possible, includes— 
(A) an overview and analysis of the current 
(as of the date on which the report is sub-
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mitted) demographics of the leadership of the 
Administration; and 
(B) as appropriate, recommendations to 
improve appointment and promotion procedures 
and diversity in leadership roles, which may in-
clude recommendations for how the Administra-
tion can better promote from within the Admin-
istration and retain and advance covered em-
ployees. 
(d) REVIEW OF HARASSMENT AND ASSAULT POLI-
CIES AND PROTECTIONS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Comptroller 
General of the United States shall submit to Con-
gress a report on the efforts of the Administration 
to ensure the safety of the staff of the Administra-
tion with respect to harassment and assault in the 
workplace, such as incidents— 
(A) of sexual harassment and violence and 
harassment and violence motivated by the per-
ceived race, ethnicity, religion, gender identity, 
or sexuality of an individual; and 
(B) in which the alleged perpetrator is a 
member of the general public. 
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(2) INCLUSIONS.—The report required under 
paragraph (1) shall include— 
(A) an overview and analysis of the current 
(as of the date on which the report is sub-
mitted) policies and response procedures of the 
Administration; 
(B) a detailed description of if, when, and 
how the policies described in subparagraph (A) 
fail to adequately protect covered employees; 
and 
(C) as appropriate, recommendations for 
steps the Administration can take to better pro-
tect covered employees from harassment and vi-
olence in the workplace. 
(3) OPPORTUNITY
FOR
COMMENT.—In con-
ducting the review required under this subsection, 
the Comptroller General of the United States shall 
provide opportunities for covered employees of all 
levels and positions, and labor organizations and as-
sociations representing those covered employees, to 
submit comments, including in an anonymous form, 
and take those comments into account in the final 
recommendations of the Comptroller General. 
SEC. 9. SENSE OF CONGRESS. 
It is the sense of Congress that— 
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(1) TSA personnel management systems pro-
vide insufficient benefits and workplace protections 
to the workforce that secures the transportation sys-
tems of the United States; 
(2) covered employees should be provided pro-
tections and benefits under title 5, United States 
Code; and 
(3) the provision of the protections and benefits 
described in paragraph (2) should not result in a re-
duction of pay or benefits to current covered employ-
ees. 
SEC. 10. ASSISTANCE FOR FEDERAL AIR MARSHAL SERV-
ICE. 
The Administrator shall communicate with organiza-
tions representing a significant number of Federal air 
marshals, to the extent provided by law, to address con-
cerns regarding Federal Air Marshals related to the fol-
lowing: 
(1) Mental health. 
(2) Suicide rates. 
(3) Morale and recruitment. 
(4) Equipment and training. 
(5) Work schedules and shifts, including man-
dated periods of rest. 
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(6) Any other personnel issues the Adminis-
trator determines appropriate. 
SEC. 11. BRIEFING ON ASSAULTS AND THREATS ON TSA EM-
PLOYEES. 
Not later than 90 days after the date of enactment 
of this Act, the Administrator shall brief the appropriate 
congressional committees regarding the following: 
(1) Reports to the Administrator of instances of 
physical or verbal assaults or threats made by mem-
bers of the general public against screening agents 
since January 1, 2019. 
(2) Procedures for reporting the assaults and 
threats described in paragraph (1), including infor-
mation on how the Administrator communicates the 
availability of those procedures. 
(3) Any steps taken by the Administration to 
prevent and respond to the assaults and threats de-
scribed in paragraph (1). 
(4) Any related civil actions and criminal refer-
rals made annually since January 1, 2019. 
(5) Any additional authorities needed by the 
Administrator to better prevent or respond to the as-
saults and threats described in paragraph (1). 
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SEC. 12. ANNUAL REPORTS ON TSA WORKFORCE. 
Not later than 1 year after the date of enactment 
of this Act and annually thereafter, the Administrator 
shall submit to the appropriate congressional committees 
a report that contains the following: 
(1) An analysis of the Federal Employee View-
point Survey of the Office of Personnel Management 
to determine job satisfaction rates of covered em-
ployees. 
(2) Information relating to retention rates of 
covered employees at each airport, including trans-
fers, in addition to aggregate retention rates of cov-
ered employees across the workforce of the Adminis-
tration. 
(3) Information relating to actions taken by the 
Administration intended to improve workforce mo-
rale and retention. 
SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated such sums as 
may be necessary, to remain available until expended, to 
carry out this Act and the amendments made by this Act. 
Æ 
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