II 

112TH CONGRESS 

1ST SESSION S. 1353 

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. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Transportation Secu5 rity Administration Efficiency and Flexibility Act of 

6 2011’’. 


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•S 1353 IS

1 SEC. 2. EXCLUSION OF EMPLOYEES OF THE TRANSPOR2 TATION SECURITY ADMINISTRATION FROM 

3 THE COLLECTIVE BARGAINING RIGHTS OF 

4 FEDERAL EMPLOYEES. 

5 (a) IN GENERAL.—Section 7103(a) of title 5, United 

6 States Code, is amended— 

7 (1) in paragraph (2)— 

8 (A) in clause (iv), by striking ‘‘; or’’ and 

9 inserting a semicolon; 

10 (B) in clause (v), by striking the semicolon 

11 and inserting ‘‘; or’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(vi) an officer or employee of the Trans14 portation Security Administration of the De15 partment of Homeland Security;’’; and 

16 (2) in paragraph (3)— 

17 (A) in subparagraph (G), by striking ‘‘; 

18 or’’ and inserting a semicolon; 

19 (B) in subparagraph (H), by striking the 

20 period and inserting ‘‘; or’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(I) the Transportation Security Adminis23 tration of the Department of Homeland Secu24 rity;’’. 

25 (b) AMENDMENTS TO TITLE 49.— 


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•S 1353 IS

1 (1) TRANSPORTATION SECURITY ADMINISTRA2 TION.—Section 114(n) of title 49, United States 

3 Code, is amended by adding ‘‘This subsection shall 

4 be subject to section 7103(a)(2)(vi) and (3)(I) of 

5 title 5, United States Code.’’ at the end. 

6 (2) PERSONNEL MANAGEMENT SYSTEM.—Sec7 tion 40122 of title 49, United States Code, is 

8 amended— 

9 (A) by redesignating subsection (j) as sub10 section (k); and 

11 (B) by inserting after subsection (i) the 

12 following: 

13 ‘‘(j) TRANSPORTATION SECURITY ADMINISTRA14 TION.—Notwithstanding any other provision of this sec15 tion (including subsection (g)(2)(C)), this section shall be 

16 subject to section 7103(a) (2)(vi) and (3)(I) of title 5, 

17 United States Code.’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on the date of enactment of 

20 this Act and apply to any collective bargaining agreement 

21 (as defined under section 7103(a)(8) of title 5, United 

22 States Code) entered into on or after that date, including 

23 the renewal of any collective bargaining agreement in ef24 fect on that date. 


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1 SEC. 3. EMPLOYEE RIGHTS AND ENGAGEMENT MECHANISM 

2 FOR PASSENGER AND PROPERTY SCREEN3 ERS. 

4 (a) LABOR ORGANIZATION MEMBERSHIP; APPEAL

5 RIGHTS; ENGAGEMENT MECHANISM FOR WORKPLACE

6 ISSUES.— 

7 (1) IN GENERAL.—Section 111(d) of the Avia8 tion and Transportation Security Act (49 U.S.C. 

9 44935 note) is amended— 

10 (A) by striking ‘‘Notwithstanding’’ and in11 serting the following: 

12 ‘‘(1) IN GENERAL.—Except as provided in sec13 tion 883 of the Homeland Security Act of 2002 (6 

14 U.S.C. 463) and paragraphs (2) through (5), not15 withstanding’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(2) LABOR ORGANIZATION MEMBERSHIP.— 

18 Nothing in this section shall be construed to prohibit 

19 an individual described in paragraph (2) from join20 ing a labor organization. 

21 ‘‘(3) RIGHT TO APPEAL ADVERSE ACTION.—An 

22 individual employed or appointed to carry out the 

23 screening functions of the Administrator under sec24 tion 44901 of title 49, United States Code, may sub25 mit an appeal of an adverse action covered by sec26 tion 7512 of title 5, United States Code, and finalVerDate Mar 15 2010 22:57 Jul 13, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1353.IS S1353

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1 ized after the date of the enactment of the FAA Air 

2 Transportation Modernization and Safety Improve3 ment Act, to the Merit Systems Protection Board 

4 and may seek judicial review of any resulting orders 

5 or decisions of the Merit Systems Protection Board. 

6 ‘‘(4) EMPLOYEE ENGAGEMENT MECHANISM FOR

7 ADDRESSING WORKPLACE ISSUES.—At every airport 

8 at which the Transportation Security Administration 

9 screens passengers and property under section 

10 44901 of title 49, United States Code, the Adminis11 trator shall provide a collaborative, integrated em12 ployee engagement mechanism to address workplace 

13 issues.’’. 

14 (2) CONFORMING AMENDMENTS.—Section 

15 111(d)(1) of such Act, as redesignated by paragraph 

16 (1)(A), is amended— 

17 (A) by striking ‘‘Under Secretary of 

18 Transportation for Security’’ and inserting 

19 ‘‘Administrator of the Transportation Security 

20 Administration’’; and 

21 (B) by striking ‘‘Under Secretary’’ each 

22 place it appears and inserting ‘‘Administrator’’. 

23 (b) WHISTLEBLOWER PROTECTIONS.—Section 883 

24 of the Homeland Security Act of 2002 (6 U.S.C. 463) is 

25 amended, in the matter preceding paragraph (1), by inVerDate Mar 15 2010 22:57 Jul 13, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1353.IS S1353

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1 serting ‘‘, or section 111(d) of the Aviation and Transpor2 tation Security Act (49 U.S.C. 44935 note),’’ after ‘‘this 

3 Act’’. 

Æ 


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