II 112th CONGRESS 1st Session S. 1353 IN THE SENATE OF THE UNITED STATES July 13, 2011 Mr. Wicker (for himself, Ms. Collins, and Mr. Paul) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To exclude employees of the Transportation Security Administration from the collective bargaining rights of Federal employees and provide employment rights and an employee engagement mechanism for passenger and property screeners.

1.

Short title

This Act may be cited as the Transportation Security Administration Efficiency and Flexibility Act of 2011.

2.

Exclusion of employees of the Transportation Security Administration from the collective bargaining rights of Federal employees

(a)

In General

Section 7103(a) of title 5, United States Code, is amended— (1)in paragraph (2)— (A)in clause (iv), by striking ; or and inserting a semicolon; (B)in clause (v), by striking the semicolon and inserting ; or; and (C)by adding at the end the following: (vi)an officer or employee of the Transportation Security Administration of the Department of Homeland Security; ; and (2)in paragraph (3)— (A)in subparagraph (G), by striking ; or and inserting a semicolon; (B)in subparagraph (H), by striking the period and inserting ; or; and (C)by adding at the end the following: (I)the Transportation Security Administration of the Department of Homeland Security; . (b)

Amendments to title 49

(1)

Transportation Security Administration

Section 114(n) of title 49, United States Code, is amended by adding This subsection shall be subject to section 7103(a)(2)(vi) and (3)(I) of title 5, United States Code. at the end. (2)

Personnel management system

Section 40122 of title 49, United States Code, is amended— (A)by redesignating subsection (j) as subsection (k); and (B)by inserting after subsection (i) the following: (j)

Transportation Security Administration

Notwithstanding any other provision of this section (including subsection (g)(2)(C)), this section shall be subject to section 7103(a) (2)(vi) and (3)(I) of title 5, United States Code. . (c)

Effective date

The amendments made by this section shall take effect on the date of enactment of this Act and apply to any collective bargaining agreement (as defined under section 7103(a)(8) of title 5, United States Code) entered into on or after that date, including the renewal of any collective bargaining agreement in effect on that date.

3.

Employee rights and engagement mechanism for passenger and property screeners

(a)

Labor organization membership; appeal rights; engagement mechanism for workplace issues

(1)

In general

Section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) is amended— (A)by striking Notwithstanding and inserting the following: (1)

In general

Except as provided in section 883 of the Homeland Security Act of 2002 (6 U.S.C. 463) and paragraphs (2) through (5), notwithstanding ; and (B)by adding at the end the following: (2)

Labor organization membership

Nothing in this section shall be construed to prohibit an individual described in paragraph (2) from joining a labor organization. (3)

Right to appeal adverse action

An individual employed or appointed to carry out the screening functions of the Administrator under section 44901 of title 49, United States Code, may submit an appeal of an adverse action covered by section 7512 of title 5, United States Code, and finalized after the date of the enactment of the FAA Air Transportation Modernization and Safety Improvement Act, to the Merit Systems Protection Board and may seek judicial review of any resulting orders or decisions of the Merit Systems Protection Board. (4)

Employee engagement mechanism for addressing workplace issues

At every airport at which the Transportation Security Administration screens passengers and property under section 44901 of title 49, United States Code, the Administrator shall provide a collaborative, integrated employee engagement mechanism to address workplace issues. . (2)

Conforming amendments

Section 111(d)(1) of such Act, as redesignated by paragraph (1)(A), is amended— (A)by striking Under Secretary of Transportation for Security and inserting Administrator of the Transportation Security Administration; and (B)by striking Under Secretary each place it appears and inserting Administrator. (b)

Whistleblower protections

Section 883 of the Homeland Security Act of 2002 (6 U.S.C. 463) is amended, in the matter preceding paragraph (1), by inserting , or section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note), after this Act.