Security Policy Alert: Court Issues Ruling on Aviation Worker Screening Litigation

August 22, 2025

Today, the U.S. Court of Appeals for the District of Columbia Circuit issued a ruling on litigation filed by several airports challenging the Transportation Security Administration’s aviation worker screening requirements.  The airport petitioners argued, among other issues, that TSA failed to follow the Administrative Procedure Act (APA) notice-and-comment procedures in implementing aviation worker screening requirements.

In its decision, the Court ruled that the aviation worker screening requirements, which were implemented under a National Amendment to airport security programs, have the force and effect of law by imposing legal requirements on airports subject to civil enforcement by the agency. As such, TSA should have adhered to APA notice-and-comment procedures in promulgating the National Amendment.  The Court directs TSA to either adopt a procedurally sound rule to implement the requirements or decide that it is no longer necessary to promulgate a rule.  

However, citing security concerns and the fact that the rule has been in place since September 2023, the Court ruled that the current requirements under the National Amendment will remain in effect until TSA either issues and finalizes a rule requiring airport operators to conduct aviation worker screening or decides a rule requiring airport operators to conduct aviation worker screening is no longer necessary.  TSA must provide a status report on its progress every 60 days to the Court.