Technical corrections only. The changes between v2 and v3 reflect the bill's procedural progression from being engrossed in the House to being received and referred in the Senate, including the addition of the Clerk's name. There are no substantive policy changes to the text of the bill.
TSA Commuting Fairness Act
- Sponsor
- Rep. Kennedy, Timothy M. [D-NY-26]
- Committees
- Commerce, Science, and Transportation Committee (primary)
- Last action
- Mar 11, 2025
Bottom line
H.R. 862 requires the TSA to study the feasibility and costs of compensating airport employees for time spent commuting within airport grounds, potentially addressing a significant employee burden.
What it actually does
This bill mandates that the Administrator of the Transportation Security Administration (TSA) conduct a feasibility study. The study must assess the practicality and implications of treating the time TSA employees spend traveling between their regular duty locations and airport parking lots or transit stops as 'on-duty hours'. The findings of this study are to be reported to relevant congressional committees within 270 days of the bill's enactment.
Proponents argue
Supporters argue that this bill is a crucial first step toward addressing a significant, uncompensated burden on Transportation Security Administration employees. By requiring a study, Congress can gain a clear understanding of the time commitment and costs involved, paving the way for a policy that could improve employee morale, reduce turnover, and acknowledge the unique challenges faced by airport security personnel.
Opponents contend
Critics might contend that while the intent to support TSA employees is laudable, mandating a study on compensating travel time within airport grounds could set a precedent for other federal employees or lead to substantial, unforeseen costs. Opponents may also argue that such a study could divert resources from more pressing operational needs within the TSA, especially if the policy is ultimately deemed infeasible or too expensive to implement.
The bill is very short and clear, making it highly accessible for any reader to understand its core purpose and provisions quickly.
Section 2(a)
Feasibility Study on Treating Commute Time as On-Duty Hours
This provision directs the Administrator of the Transportation Security Administration (TSA) to conduct a study within 270 days of the bill's enactment. The study's purpose is to determine the feasibility of counting the time TSA employees spend traveling between their assigned duty stations and airport parking lots or public transit stops as official 'on-duty hours'. The results of this study must be submitted to the House Committee on Homeland Security and the Senate Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs.
Supporters argue
Proponents argue that this study is essential to understand and address the uncompensated time TSA employees spend navigating large airport complexes to reach their posts. This time is often significant and unique to their work environment, and recognizing it as on-duty time could boost morale, improve retention, and fairly compensate employees for their full work commitment.
Critics contend
Opponents might argue that while employee welfare is important, expanding 'on-duty hours' to include travel within airport grounds could set a costly precedent for other federal agencies or private sector jobs. They may also raise concerns about the administrative complexity and potential for abuse in tracking such time, and the significant budgetary implications if such a policy were implemented.
Tradeoffs
This provision balances the desire to improve working conditions and fair compensation for TSA employees against the potential for increased administrative complexity and significant budgetary costs for the federal government. It also highlights the tension between employee benefits and fiscal responsibility.
Section 2(b)
Considerations for the Feasibility Study
This subsection outlines the specific factors the TSA Administrator must take into account when conducting the feasibility study. These considerations include the amount of time employees spend traveling within airports of different sizes (small, medium, large hubs), their average commuting time outside of airport travel, the potential benefits to both employees and the TSA, the practicality of using technology like mobile phones or location data to track this time, and the estimated costs of treating this travel as on-duty hours, including its impact on retirement benefits. The Administrator can also include other relevant factors.