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.

SECTION 1. SHORT TITLE.

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

SEC. 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.

SEC. 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''.

Summary: Transportation Security Administration Efficiency and Flexibility Act of 2011 - Excludes officers and employees of Transportation Security Administration (TSA) of the Department of Homeland Security (DHS) from the right of federal employees to bargain collectively. Subjects also to such exclusion the Federal Aviation Administration (FAA) personnel management system as it applies to TSA employees. Amends the Aviation and Transportation Security Act to provide that, notwithstanding the authority of the TSA Administrator to fix the terms and conditions of employment of TSA screeners, nothing shall prohibit such an employee from joining a labor organization. Authorizes screeners to: (1) appeal to the Merit Systems Protection Board adverse actions brought against them which are finalized after enactment of the FAA Air Transportation Modernization and Safety Improvement Act, and (2) seek judicial review of any resulting Board orders or decisions. Requires the FAA Administrator to provide to TSA screeners with a collaborative, integrated employee engagement mechanism to address workplace issues. Amends the Homeland Security Act of 2003 to apply certain whistleblower protections to DHS employees.