[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1165 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1165

To amend title 49, United States Code, to establish an Ombudsman Office 
 within the Transportation Security Administration for the purpose of 
enhancing transportation security by providing confidential, informal, 
   and neutral assistance to address work-place related problems of 
    Transportation Security Administration employees, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2011

  Ms. Jackson Lee of Texas (for herself, Ms. Speier, Mr. Thompson of 
Mississippi, and Mr. Davis of Illinois) introduced the following bill; 
        which was referred to the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to establish an Ombudsman Office 
 within the Transportation Security Administration for the purpose of 
enhancing transportation security by providing confidential, informal, 
   and neutral assistance to address work-place related problems of 
    Transportation Security Administration employees, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transportation Security 
Administration Ombudsman Act of 2011''.

SEC. 2. TRANSPORTATION SECURITY ADMINISTRATION OMBUDSMAN OFFICE.

    (a) In General.--Subchapter II of chapter 449 of title 49, United 
States Code is amended by adding at the end the following new section:
``Sec. 44946. Ombudsman
    ``(a) In General.--
            ``(1) Establishment.--There is established an Office of the 
        Ombudsman in the Transportation Security Administration.
            ``(2) Ombudsman.--
                    ``(A) In general.--The Office shall be under the 
                direction of the Ombudsman of the Transportation 
                Security Administration, who shall be appointed by the 
                Chief Human Capital Officer of the Department of 
                Homeland Security on behalf of the Secretary of 
                Homeland Security.
                    ``(B) Qualifications.--An individual may not be 
                appointed as the Ombudsman unless the individual has 
                demonstrated expertise in--
                            ``(i) labor and employment relations; and
                            ``(ii) dispute resolution.
                    ``(C) Vacancies.--If a vacancy occurs in the 
                position of Ombudsman, the Chief Human Capital Officer 
                of the Department of Homeland Security shall appoint an 
                individual as Ombudsman by not later than 120 days 
                after the date the vacancy first occurs.
                    ``(D) Notification of appointment and removal.--The 
                Chief Human Capital Officer of the Department of 
                Homeland Security shall notify the appropriate 
                congressional committees within 30 days after the 
                effective date of any of the following actions:
                            ``(i) The appointment of an individual as 
                        Ombudsman.
                            ``(ii) The reappointment as Ombudsman of an 
                        individual who is serving as Ombudsman.
                            ``(iii) The removal of an individual from 
                        the position of Ombudsman.
            ``(3) Ensuring independence of ombudsman.--
                    ``(A) In general.--The Ombudsman shall report--
                            ``(i) to the Administrator of the 
                        Transportation Security Administration; and
                            ``(ii) to the Chief Human Capital Officer 
                        of the Department of Homeland Security with 
                        respect to any dispute between the Ombudsman 
                        and the Administrator of Transportation 
                        Security Administration over matters involving 
                        the execution of the Ombudsman's duties as set 
                        forth in subsection (b).
                    ``(B) Inspector general's authority to conduct 
                investigations not affected.--Nothing in this section 
                shall prohibit the Inspector General of the Department 
                of Homeland Security from initiating, carrying out, or 
                completing any investigation.
            ``(4) Regional ombudsmen.--
                    ``(A) In general.--The Ombudsman shall ensure that 
                each of the Transportation Security Administration 
                regions has a regional ombudsman and that no regional 
                ombudsman is responsible for more than three regions.
                    ``(B) Appointment.--The regional ombudsmen shall be 
                appointed by and serve at the discretion of the 
                Ombudsman.
                    ``(C) Meetings within regions.--Each regional 
                ombudsman shall travel not less than once each calendar 
                quarter to each region for which he or she is 
                appointed, to meet with Transportation Security 
                Administration employees in that region.
    ``(b) Duties.--The Ombudsman shall--
            ``(1) conduct outreach to Transportation Security 
        Administration employees, including publicizing a toll-free 
        telephone number to report complaints;
            ``(2) evaluate each complainant's claim objectively;
            ``(3) provide information, advice, and assistance to 
        complainants and, as appropriate, initiate informal, impartial 
        fact-finding and inquiries, on complaints or on the Ombudsman's 
        own initiative;
            ``(4) inform each complainant--
                    ``(A) when the Ombudsman decides against conducting 
                a fact-finding inquiry into the complaint;
                    ``(B) on the status of the Ombudsman's fact-finding 
                inquiry to the complainant, on a regular basis if 
                requested by the complainant; and
                    ``(C) of the Ombudsman's recommendations and 
                information, as appropriate, for the complainant to 
                formally complain to the appropriate authority;
            ``(5) work with the Administrator of the Transportation 
        Security Administration to address issues identified through 
        fact-finding and inquiries;
            ``(6) maintain confidential any matter related to 
        complaints and inquiries, including the identities of the 
        complainants and witnesses; and
            ``(7) submit an annual report to the appropriate 
        congressional committees in accordance with subsection (c).
    ``(c) Annual Report.--
            ``(1) In general.--The Ombudsman shall report no later than 
        September 30 each year to the appropriate congressional 
        committees on the actions taken by the Office of the Ombudsman 
        over the preceding year and the objectives of those actions.
            ``(2) Contents.--Each such report shall, for the period 
        covered by the report, include--
                    ``(A) statistical information, by region, on the 
                volume of complaints received, general nature of 
                complaints, general information on complainants, and 
                the percentage of complaints that resulted in a fact-
                finding inquiry;
                    ``(B) a summary of problems encountered by 
                complainants, including information on the most 
                pervasive or serious types of problems encountered by 
                complainants;
                    ``(C) policy recommendations that the Office of the 
                Ombudsman made to the Administrator of the 
                Transportation Security Administration;
                    ``(D) an inventory of the items described in 
                subparagraphs (B) and (C) for which action has been 
                taken, and the result of such action;
                    ``(E) an inventory of the items described in 
                subparagraphs (B) and (C) for which action remains to 
                be completed; and
                    ``(F) such other information as the Ombudsman 
                considers relevant.
            ``(3) Report to be submitted directly.--Each report under 
        this subsection shall be provided directly to the committees 
        described in paragraph (1) without any prior comment or 
        amendment by the Administrator of the Transportation Security 
        Administration. However, the Ombudsman shall seek comment from 
        the Administrator to be submitted by the Ombudsman together 
        with the annual report.
            ``(4) Other reports.--Nothing in this subsection shall be 
        construed to preclude the Ombudsman from issuing other reports 
        on the activities of the Office of the Ombudsman.
    ``(d) Appropriate Congressional Committee Defined.--In this section 
the term `appropriate congressional committee' means the Committee on 
Homeland Security of the House of Representatives and any committee of 
the House of Representatives or the Senate having legislative 
jurisdiction under the rules of the House of Representatives or Senate, 
respectively, over the matter concerned.''.
    (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended by adding at the end the items relating to 
subchapter II the following new item:

``44946. Ombudsman.''.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal years 2012, 2013, and 2014 such sums as are 
necessary for implementing section 44946 of title 49, United States 
Code, as amended by this section.
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