The bill
TSA Commuting Fairness Act
HR. 862, 119th Congress.
Sponsored by
Rep. Kennedy, Timothy M. [D-NY-26]
ID: K000402
Follow the money
The bill
HR. 862, 119th Congress.
The sponsor
Every bill has someone who introduced it. That name is where the paper trail starts.
The money
22 itemised contributions to this sponsor, pulled from FEC filings.
The alignment
This bill's text tracks the "Department of Transportation" section, p. 667-669 of the Mandate for Leadership.
Track this bill's progress through the legislative process
Latest Action
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
March 10, 2025
📍 Current Status
Next: Both chambers must agree on the same version of the bill.
1. Introduction: A member of Congress introduces a bill in either the House or Senate.
2. Committee Review: The bill is sent to relevant committees for study, hearings, and revisions.
3. Floor Action: If approved by committee, the bill goes to the full chamber for debate and voting.
4. Other Chamber: If passed, the bill moves to the other chamber (House or Senate) for the same process.
5. Conference: If both chambers pass different versions, a conference committee reconciles the differences.
6. Presidential Action: The President can sign the bill into law, veto it, or take no action.
7. Became Law: If signed (or if Congress overrides a veto), the bill becomes law!
Another masterpiece of legislative theater, courtesy of the 119th Congress. The TSA Commuting Fairness Act (HR 862) - because nothing says "fairness" like a bill that's really just a thinly veiled attempt to buy votes and appease special interests.
**Main Purpose & Objectives:** The stated purpose of this bill is to reduce commuting burdens on Transportation Security Administration (TSA) employees by treating their travel time between regular duty locations and airport parking lots as on-duty hours. Oh, how noble. In reality, it's just a clever way to increase the TSA's labor costs and create more bureaucratic red tape.
**Key Provisions & Changes to Existing Law:** The bill requires the Administrator of the TSA to conduct a feasibility study within 270 days of enactment, which will consider various factors such as travel time, commuting hours, potential benefits, and estimated costs. Because, you know, we need a whole study to figure out whether or not it's feasible to pay people for their commute time. The bill also conveniently leaves the door open for "other considerations" determined by the Administrator - code for "we'll figure out ways to justify this boondoggle later."
**Affected Parties & Stakeholders:** The TSA employees, of course, will be the primary beneficiaries of this bill. Or so they think. In reality, they'll just get more paperwork and bureaucratic hoops to jump through. The real winners here are the politicians who sponsored this bill, who can now claim they're "supporting our hardworking TSA agents" while actually just padding their own résumés.
**Potential Impact & Implications:** This bill is a classic case of "unintended consequences." By treating commute time as on-duty hours, we'll likely see increased labor costs, which will be passed on to taxpayers. The TSA might also use this as an excuse to hire more administrative staff to handle the added paperwork, further bloating their bureaucracy. And let's not forget the precedent this sets - if we start paying people for their commute time, where do we draw the line? Will we soon be paying federal employees for their morning coffee breaks and lunch hours too?
In short, HR 862 is a textbook example of legislative malpractice. It's a solution in search of a problem, designed to appease special interests and buy votes rather than actually address any real issues. But hey, at least it'll make for some great campaign ads - "I supported our hardworking TSA agents by voting for the Commuting Fairness Act!" Yeah, right. More like "I supported my own re-election bid by pandering to a vocal special interest group."
Rep. Kennedy, Timothy M. [D-NY-26]
Congress 119 • 2024 Election Cycle
No PAC contributions found
No committee contributions found
This bill has 8 cosponsors. Below are their top campaign contributors.
ID: G000597
Top Contributors
22
ID: C001112
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ID: L000599
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ID: C001127
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ID: W000788
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No contribution data available
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ID: G000602
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24
Hub layout: Politicians in center, donors arranged by type in rings around them.
Showing 38 nodes and 47 connections
Total contributions: $47
Showing top 19 donors by contribution amount
This bill shows semantic similarity to the following sections of the Project 2025 policy document.AI-enhanced analysis provides detailed alignment ratings.
AI Analysis:
"The bill focuses on TSA employee commuting compensation, while the Project 2025 policy critiques mass transit funding, labor costs, and federal subsidies—topics only tangentially related through the broader theme of commuting, but with no direct policy alignment."
— 635 — Department of Transportation commutes from urban buses to rideshare or electric scooter, the use of public transit decreases. A better definition for public transit (which also would require congressional legislation) would be transit provided for the public rather than transit provided by a public municipality. The COVID-19 pandemic caused a substantial decline in usage for all forms of transportation. Mass transit has been the slowest mode to recover, with October 2022 ridership reaching only 64 percent of the level seen in October 2019. The sustained increase in remote work has caused changes in commuting patterns. Since facilitating travel for workers is one of the core functions of mass transit systems, a permanent reduction in commuting raises questions about the viability of fixed-route mass transit, especially considering that transit systems required substantial subsidization before the pandemic. Regrettably, the 2021 Infrastructure Investment and Jobs Act13 authorized tens of billions of dollars for the expansion of transit systems even as Americans were moving away from them and into personal vehicles. Lower revenue from reduced ridership is already driving transit agencies to a budgetary breaking point, and added operational costs from system expansions will make this problem worse. The Capital Investment Grants (CIG) program is another example of Washing- ton’s tendency to fund transit expansion rather than maintaining or improving current facilities. The CIG program, which began in 1991, funds only novel transit projects. These can include new rail lines (regardless of the demand for preexisting rail in the area) and costly operations such as streetcars. Because Americans have demonstrated a strong preference for alternative means of transportation, rather than throwing good money after bad by continuing federal subsidies for transit expansion, there should be a focus on reducing costs that make transit uneconomical. The Trump Administration urged Congress to eliminate the CIG program, but the program has strong support on Capitol Hill. At a minimum, a new conservative Administration should ensure that each CIG project meets sound economic standards and a rigorous cost-benefit analysis. The largest expense in transit operational budgets is labor. Compensation costs for transit workers exceed both regional and sector compensation averages. This is driven by generous pension and health benefits rather than by exorbitant wages. Since workers value wages more than they value fringe benefits, this has led to a perverse situation in which transit agencies have high compensation costs yet are struggling to attract workers. The next Administration can remove the largest obstacle to reforming labor costs. Section 10(c) of the Urban Mass Transportation Act of 196414 was initially intended to protect bargaining rights for workers in privately owned transit sys- tems that were being absorbed by government-operated agencies. The provision has mutated into a requirement that any transit agency receiving federal funds cannot reduce compensation, an interpretation that far exceeds the original statute. — 636 — Mandate for Leadership: The Conservative Promise Returning to the original intent would allow transit agencies to adjust fringe ben- efits without fearing a federal lawsuit. It is also vital to move away from using the Highway Trust Fund to prop up mass transit. The fund was driven into insolvency (and repeated bailouts) through decades of transfers to transit without any increase in transit usage to show for it. With the federal government facing mounting debt, the best course of action would be to remove federal subsidies for transit spending, allowing states and localities to decide whether mass transit is a good investment for them. FEDERAL RAILROAD POLICY The Federal Railroad Administration (FRA) is making decisions based on political considerations that are at variance with its safety mission. Instead of basing regulatory decisions on the costs and benefits of the available alterna- tives, FRA is promoting actions that favor the status quo and inhibit the use of technology to improve railroad safety. FRA should be making decisions based on objective evidence of the most cost-effective way to accomplish the agency’s safety goals. FRA’s singular focus on job preservation is contrary to FRA’s mission, and it has a deleterious effect on the morale of FRA’s professional staff, as shown by the annual employee surveys conducted by the Office of Personnel Management. FRA needs to communicate clearly to its career employees a new commitment to making decisions that are consistent with the agency’s safety mission. FRA’s procedures call for decisions on waivers to be made by its Safety Board. Appeals can be taken to the Administrator. However, FRA has deviated from these procedures as the Administrator has injected himself into Safety Board decisions. FRA needs to review its actions with respect to specific proceedings where the agency’s direction cannot be justified. For example: l FRA’s Notice of Proposed Rulemaking (NPRM) on crew size is not based on safety considerations; it is designed to reduce flexibility by making it impossible for railroads to operate with crews of fewer than two in circumstances where there is no operational need for the second crew member. l Although FRA could adopt a modern inspection program that takes advantage of technological ways to inspect track, it is refusing to amend 50-year-old track inspection requirements, leaving customers with higher costs. l FRA is refusing to take final action on a rulemaking proceeding that would modernize brake inspection requirements by taking advantage of the ability
AI Analysis:
"The bill focuses on TSA employee commuting time compensation, which is unrelated to Project 2025's DOT section addressing air traffic organization reform, transit policy definitions, and labor cost challenges in public transit systems."
— 634 — Mandate for Leadership: The Conservative Promise These shortcomings have been documented over many decades by the Govern- ment Accountability Office and DOT Inspector General. One peer-reviewed study for the Hudson Institute by scholar Robert Poole identified the ATO’s underlying problems as including an overly cautious culture, a growing lack of technological and managerial expertise, the inability to finance major capital projects with rev- enue bonds, and overdependence on aerospace/defense contractors.12 All of these problems are interrelated. Because of the ATO’s lack of top-notch engineers and program managers, it has become dependent on aerospace contrac- tors, unlike counterparts in Canada and the United Kingdom. Operating within the constraints imposed by the annual congressional appropriations process—and with no bonding authority—the ATO is forced to implement major projects piecemeal over many years. The ATO’s overly cautious culture appears to stem from its being embedded in a safety regulatory agency rather than being regulated at arm’s length (as are airlines and airports). Three organizational changes, all requiring legislation, offer the likelihood of dealing with these problems based on the experiences of air traffic providers in Canada and Europe. They could be implemented one at a time or together. l Separate the ATO from the FAA and relocate it to separate headquarters outside the District of Columbia. l Shift from aviation user taxes to fees for air traffic services paid directly to the ATO. l Allow the ATO to issue long-term revenue bonds for major projects. Shorter-term reforms could include implementing user fees for unconventional airspace users (for example, advanced air mobility, space launch, and recovery) and giving the ATO a deadline after which it could not authorize or fund any more nondigital/remote control towers. These reforms would also require legislation. FEDERAL TRANSIT POLICY The definition of “mobility” continues to evolve dramatically with the rise of new multimodal concepts, traveler needs, and emerging capabilities. These fun- damental changes in the way transportation services are offered also influence the form of our communities. New micromobility solutions, ridesharing, and a possible future that includes autonomous vehicles mean that mobility options—particularly in urban areas— can alter the nature of public transit, making it more affordable and flexible for Americans. Unfortunately, DOT now defines public transit only as transit pro- vided by municipal governments. This means that when individuals change their — 635 — Department of Transportation commutes from urban buses to rideshare or electric scooter, the use of public transit decreases. A better definition for public transit (which also would require congressional legislation) would be transit provided for the public rather than transit provided by a public municipality. The COVID-19 pandemic caused a substantial decline in usage for all forms of transportation. Mass transit has been the slowest mode to recover, with October 2022 ridership reaching only 64 percent of the level seen in October 2019. The sustained increase in remote work has caused changes in commuting patterns. Since facilitating travel for workers is one of the core functions of mass transit systems, a permanent reduction in commuting raises questions about the viability of fixed-route mass transit, especially considering that transit systems required substantial subsidization before the pandemic. Regrettably, the 2021 Infrastructure Investment and Jobs Act13 authorized tens of billions of dollars for the expansion of transit systems even as Americans were moving away from them and into personal vehicles. Lower revenue from reduced ridership is already driving transit agencies to a budgetary breaking point, and added operational costs from system expansions will make this problem worse. The Capital Investment Grants (CIG) program is another example of Washing- ton’s tendency to fund transit expansion rather than maintaining or improving current facilities. The CIG program, which began in 1991, funds only novel transit projects. These can include new rail lines (regardless of the demand for preexisting rail in the area) and costly operations such as streetcars. Because Americans have demonstrated a strong preference for alternative means of transportation, rather than throwing good money after bad by continuing federal subsidies for transit expansion, there should be a focus on reducing costs that make transit uneconomical. The Trump Administration urged Congress to eliminate the CIG program, but the program has strong support on Capitol Hill. At a minimum, a new conservative Administration should ensure that each CIG project meets sound economic standards and a rigorous cost-benefit analysis. The largest expense in transit operational budgets is labor. Compensation costs for transit workers exceed both regional and sector compensation averages. This is driven by generous pension and health benefits rather than by exorbitant wages. Since workers value wages more than they value fringe benefits, this has led to a perverse situation in which transit agencies have high compensation costs yet are struggling to attract workers. The next Administration can remove the largest obstacle to reforming labor costs. Section 10(c) of the Urban Mass Transportation Act of 196414 was initially intended to protect bargaining rights for workers in privately owned transit sys- tems that were being absorbed by government-operated agencies. The provision has mutated into a requirement that any transit agency receiving federal funds cannot reduce compensation, an interpretation that far exceeds the original statute.
AI Analysis:
"Both the bill and the Project 2025 section address federal employee work conditions and compensation, but the bill focuses on commuting time while the Project 2025 policies center on Sabbath pay, telework rules, and independent work flexibility, resulting only tangential overlap."
— 589 — Department of Labor and Related Agencies Alternative View. While metrics on the state of American families and civil soci- ety are important and useful, monthly statistics would be of little additional value and could end up causing unnecessary confusion and concern. Funding should be oriented towards improving the timeliness of annual family statistics. Sabbath Rest. God ordained the Sabbath as a day of rest, and until very recently the Judeo-Christian tradition sought to honor that mandate by moral and legal regulation of work on that day. Moreover, a shared day off makes it possible for families and communities to enjoy time off together, rather than as atomized individuals, and provides a healthier cadence of life for everyone. Unfortunately, that communal day of rest has eroded under the pressures of consumerism and secularism, especially for low-income workers. l Congress should encourage communal rest by amending the Fair Labor Standards Act (FLSA)9 to require that workers be paid time and a half for hours worked on the Sabbath. That day would default to Sunday, except for employers with a sincere religious observance of a Sabbath at a different time (e.g., Friday sundown to Saturday sundown); the obligation would transfer to that period instead. Houses of worship (to the limited extent they may have FLSA-covered employees) and employers legally required to operate around the clock (such as hospitals and first responders) would be exempt, as would workers otherwise exempt from overtime. Alternative View. While some conservatives believe that the government should encourage certain religious observance by making it more expensive for employers and consumers to not partake in those observances, other conservatives believe that the government’s role is to protect the free exercise of religion by eliminating barriers as opposed to erecting them. Whereas imposing overtime rules on the Sab- bath would lead to higher costs and limited access to goods and services and reduce work available on the Sabbath (while also incentivizing some people—through higher wages—to desire to work on the Sabbath), the proper role of government in helping to enable individuals to practice their religion is to reduce barriers to work options and to fruitful employer and employee relations. The result: ample job options that do not require work on the Sabbath so that individuals in roles that sometimes do require Sabbath work are empowered to negotiate directly with their employer to achieve their desired schedule. Teleworking. COVID made telework ubiquitous, but the law and regulations are still stuck in an era when telework was unique. l Congress should clarify that overtime for telework applies only if the employee exceeds 10 hours of work in a specific day (and the total hours for the week exceed 40). — 590 — Mandate for Leadership: The Conservative Promise l DOL should clarify that an employee given the option to telework need only record time if the quantity of work assigned for that day exceeds the usual amount of work that employee performs so that the employee need not track every time he logs in and out and the employer need not do so either. l DOL should clarify that a home office is not subject to OSHA regulations and that time to set up a home office is not compensable time or eligible for overtime calculations. DOL should likewise clarify that reimbursement for home office expenses is not part of an employee’s regular rate, even if those reimbursements are repetitive (such as for internet or cell phone service). Making Family-Sustaining Work Accessible. Our national work ethic is an American hallmark. As Benjamin Franklin once said, “America is the land of labor.” Much of American life is mediated by Americans coming together to take responsi- bility for solving problems and helping their communities. Our labor agenda must allow community institutions, including small businesses, schools and universities, religious organizations, and worker organizations, to thrive. Protect flexible work options and worker independence (independent contractors). Roughly 60 million Americans across all income groups, ages, education levels, races, and household types participate in independent work, including full-time, part-time, or as a “side hustle.” People choose independent work for a variety of reasons, including flexibility, earnings potential, and the desire to be one’s own boss. An economic analysis of data from one million Uber drivers found that they valued the flexibility of the platform at 40 percent of their earnings, and the average Uber driver would not work at all if he or she had to submit to a taxi-cab schedule. The value of flexibility extends beyond ride-sharing and other platform work; more than half of people who did independent work in 2021 said they cannot work a traditional job because of personal or family circumstances such as their health or caring for a child or family member. Independent workers, or contractors, are also critical to entrepreneurship and small-business growth and success. On average, employers with four or fewer employees rely on seven contractors to run their business. Without the ability to hire those contractors, many small businesses could not compete with larger ones that can afford to employ workers in-house. Businesses and workers currently must navigate many different definitions of who is and who is not an employee (or an independent contractor) based on federal and state employment, compensation, tort, tax, and pension laws. This complexity often leads to confusion, improper classification, and costly litigation. The Trump Administration finalized rules to provide clarity on which workers
Showing 3 of 5 policy matches
Policy matches are calculated using a hybrid approach: initial candidates are found using semantic similarity between bill summaries and Project 2025 policy text, then an AI model (Llama 3.1 70B) provides detailed alignment ratings and analysis. Ratings range from 1 (minimal alignment) to 5 (very strong alignment). This analysis does not imply direct causation or intent.
To require the Commissioner of U.S. Customs and Border Protection to link together applications of family members throughout the NEXUS application process, and for other purposes.
119/hr/9382
To designate the facility of the United States Postal Service located at 1200 William Street, Room 200, in Buffalo, New York, as the William J. Donovan Post Office Building.
119/hr/1706
Weatherizing Infrastructure in the North and Terrorism Emergency Readiness Act of 2025
119/hr/3106