II 

116TH CONGRESS 

2D SESSION S. 4565 

To amend title 49, United States Code, to rename the Aviation Safety 

Whistleblower Investigation Office and to establish an Office of Professional Responsibility and an Office of the Ombudsman in the Federal 

Aviation Administration, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 10, 2020 

Mr. WICKER introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend title 49, United States Code, to rename the Aviation Safety Whistleblower Investigation Office and to 

establish an Office of Professional Responsibility and 

an Office of the Ombudsman in the Federal Aviation 

Administration, and for other purposes. 

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 ‘‘Federal Aviation Ad5 ministration Accountability Enhancement Act’’. 


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1 SEC. 2. ENHANCEMENT OF THE AVIATION SAFETY WHIS2 TLEBLOWER INVESTIGATION OFFICE IN THE 

3 FEDERAL AVIATION ADMINISTRATION. 

4 (a) RENAMING OF THE OFFICE.—Section 106(t)(1) 

5 of title 49, United States Code, is amended by striking 

6 ‘‘an Aviation Safety Whistleblower Investigation Office’’ 

7 and inserting ‘‘the Office of Accountability and Whistle8 blower Protection’’. 

9 (b) DUTIES.— 

10 (1) IN GENERAL.—Section 106(t)(3) of title 49, 

11 United States Code, is amended— 

12 (A) in subparagraph (A)— 

13 (i) in clause (i)— 

14 (I) by inserting ‘‘and investigate 

15 in accordance with subsection (w)’’ 

16 after ‘‘receive’’; and 

17 (II) by striking ‘‘(if the certifi18 cate holder does not have a similar in19 house whistleblower or safety and reg20 ulatory noncompliance reporting proc21 ess)’’; 

22 (ii) in clause (ii), by striking ‘‘and’’ at 

23 the end; 

24 (iii) in clause (iii), by striking the pe25 riod at the end and inserting ‘‘; and’’; and 


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1 (iv) by adding at the end the fol2 lowing: 

3 ‘‘(iv) investigate in accordance with 

4 subsection (w) any misconduct alleged or 

5 discovered as a result of an investigation 

6 conducted pursuant to clause (i); 

7 ‘‘(v) receive and investigate in accord8 ance with subsection (w) complaints and 

9 information concerning whistleblower retal10 iation by employees of the Agency; 

11 ‘‘(vi) assess the results of any inves12 tigation under clause (i), (iv), or (v), and 

13 if there is a finding of whistleblower retal14 iation or related misconduct, provide a rec15 ommendation for a range of disciplinary 

16 actions to the Agency proposing official; 

17 ‘‘(vii) if the Agency proposing official 

18 deviates from the recommended range of 

19 disciplinary action described in clause (vi), 

20 or if the Agency deciding official deviates 

21 from the range of disciplinary actions pro22 posed by the Agency proposing official, no23 tify Congress in writing not later than 10 

24 days after such deviation; and 


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1 ‘‘(viii) comply with all legal require2 ments concerning disciplinary actions re3 lated to whistleblower retaliation.’’; 

4 (B) in subparagraph (B), by striking ‘‘sub5 paragraph (A)(i)’’ and inserting ‘‘clause (i), 

6 (iv), or (v) of subparagraph (A)’’; 

7 (C) in subparagraph (C), by striking ‘‘sub8 paragraph (A)(i)’’ and inserting ‘‘clause (i), 

9 (iv), or (v) of subparagraph (A)’’; and 

10 (D) in subparagraph (D)— 

11 (i) by striking ‘‘assessment’’ and in12 serting ‘‘investigation’’; 

13 (ii) by striking ‘‘subparagraph (A)(i)’’ 

14 and inserting ‘‘clause (i), (iv), or (v) of 

15 subparagraph (A)’’; and 

16 (iii) by inserting ‘‘, misconduct, or 

17 whistleblower retaliation’’ after ‘‘aviation 

18 safety’’. 

19 (2) LIMITATION.—Section 106(t)(2) of title 49, 

20 United States Code, is amended by adding at the 

21 end the following: 

22 ‘‘(E) LIMITATION OF DUTIES.—The Ad23 ministrator may only assign to the Director re24 sponsibilities relating to the duties of the Office 

25 described in paragraph (3).’’. 


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1 (3) CONFORMING AMENDMENTS.—Section 

2 106(t) of title 49, United States Code, as amend3 ed— 

4 (A) in paragraph (5), by inserting ‘‘, mis5 conduct, or whistleblower retaliation’’ after 

6 ‘‘aviation safety’’; 

7 (B) in paragraph (7)— 

8 (i) in the matter preceding subpara9 graph (A)— 

10 (I) by striking ‘‘October 1’’ and 

11 inserting ‘‘November 15’’; and 

12 (II) by inserting ‘‘directly’’ after 

13 ‘‘the Director shall submit’’; and 

14 (ii) in subparagraph (A), by striking 

15 ‘‘paragraph (3)(A)(i) in the preceding 12- 

16 month period’’ and inserting ‘‘clause (i), 

17 (iv), or (v) of paragraph 3(A) in the pre18 ceding fiscal year’’; and 

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

20 ‘‘(8) STAFF AND RESOURCES.—The Adminis21 trator shall ensure that the Director has such staff, 

22 resources, and access to information as may be nec23 essary to carry out the functions of the Office.’’. 


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1 SEC. 3. OFFICE OF THE WHISTLEBLOWER OMBUDSMAN IN 

2 THE FEDERAL AVIATION ADMINISTRATION. 

3 Section 106 of title 49, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(u) OFFICE OF THE WHISTLEBLOWER OMBUDS6 MAN.— 

7 ‘‘(1) ESTABLISHMENT.—The Administrator 

8 shall establish in the Federal Aviation Administra9 tion (in this subsection referred to as the ‘Agency’) 

10 an Office of the Whistleblower Ombudsman (in this 

11 subsection referred to as the ‘Office’). 

12 ‘‘(2) OMBUDSMAN.—The Office shall be headed 

13 by an Ombudsman, who shall be appointed by the 

14 Administrator. 

15 ‘‘(3) DUTIES.—The Ombudsman shall carry out 

16 the following duties: 

17 ‘‘(A) Educate Agency employees about pro18 hibitions on retaliation and any specific rights 

19 or remedies with respect to any retaliatory 

20 practice. 

21 ‘‘(B) Serve as an independent confidential 

22 resource for Agency employees to discuss any 

23 specific retaliation allegation and available 

24 rights or remedies based on the circumstances. 

25 ‘‘(C) Coordinate with Human Resource 

26 Management, the Office of Accountability and 


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1 Whistleblower Protection, the Office of Profes2 sional Responsibility, and the Office of the 

3 Chief Counsel, as necessary. 

4 ‘‘(D) Coordinate with the Office of the In5 spector General of the Department of Transpor6 tation’s Whistleblower Protection Coordinator 

7 and the Office of the Special Counsel, as nec8 essary. 

9 ‘‘(E) Conduct outreach and training within 

10 the Agency to mitigate retaliation and promote 

11 timely and appropriate processing of any pro12 tected disclosure or allegation of retaliation. 

13 ‘‘(4) STAFF AND RESOURCES.—The Adminis14 trator shall ensure that the Ombudsman has such 

15 staff, resources, and access to information as may be 

16 necessary to carry out the functions of the Office.’’. 

17 SEC. 4. OFFICE OF PROFESSIONAL RESPONSIBILITY IN THE 

18 FEDERAL AVIATION ADMINISTRATION. 

19 Section 106 of title 49, United States Code, as 

20 amended by section 3, is amended by adding at the end 

21 the following: 

22 ‘‘(v) OFFICE OF PROFESSIONAL RESPONSIBILITY.— 

23 ‘‘(1) ESTABLISHMENT.—The Administrator 

24 shall establish in the Federal Aviation Administra25 tion (in this subsection referred to as the ‘Agency’) 


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1 an Office of Professional Responsibility (in this sub2 section referred to as the ‘Office’). 

3 ‘‘(2) DUTIES.—The Office shall carry out the 

4 following duties: 

5 ‘‘(A) Receive any complaints and informa6 tion concerning misconduct by managers within 

7 the Agency. 

8 ‘‘(B) Assess any complaint and informa9 tion concerning misconduct by managers re10 ceived under this paragraph and determine 

11 whether sufficient information exists to initiate 

12 an investigation in accordance with subsection 

13 (w). 

14 ‘‘(C) Except as provided in subparagraph 

15 (D), refer each misconduct case, based on the 

16 nature of the allegations, to— 

17 ‘‘(i) the Office of the Inspector Gen18 eral of the Department of Transportation 

19 for investigation and appropriate referral, 

20 as necessary; or 

21 ‘‘(ii) the appropriate venue within the 

22 Agency for investigation in accordance 

23 with subsection (w) and adjudication in ac24 cordance with subsection (x), unless the 

25 Office decides to retain such case. 


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1 ‘‘(D) Retain and independently investigate 

2 in accordance with subsection (w) any allega3 tion, other than an allegation investigated by 

4 the Office of Accountability and Whistleblower 

5 Protection or referred outside of the Agency, 

6 that carries a possible penalty of suspension of 

7 pay for more than 14 days. 

8 ‘‘(E) Record and track the disposition of 

9 each misconduct case received under this para10 graph. 

11 ‘‘(3) STAFF AND RESOURCES.—The Adminis12 trator shall ensure that the Office has such staff, re13 sources, and access to information as may be nec14 essary to carry out the functions of the Office. 

15 ‘‘(4) DEFINITION.—For purposes of this sub16 section, the term ‘manager’ means an employee of 

17 the Agency who is a supervisor or management offi18 cial, as defined in section 7103(a) of title 5, United 

19 States Code.’’. 

20 SEC. 5. MISCONDUCT INVESTIGATIONS AND ADJUDICA21 TIONS IN THE FEDERAL AVIATION ADMINIS22 TRATION. 

23 Section 106 of title 49, United States Code, as 

24 amended by section 4, is amended by adding at the end 

25 the following: 


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1 ‘‘(w) MISCONDUCT INVESTIGATIONS.— 

2 ‘‘(1) ESTABLISHMENT OF POLICY.— 

3 ‘‘(A) IN GENERAL.—The Administrator 

4 shall establish an investigative policy that gov5 erns any investigation of misconduct by a man6 ager conducted by the Federal Aviation Admin7 istration (in this subsection referred to as the 

8 ‘Agency’). 

9 ‘‘(B) PRESERVATION OF COLLECTIVE BAR10 GAINING AGREEMENTS.—The investigative pol11 icy established under subparagraph (A) shall 

12 not apply to, or in the future, be extended by 

13 the Administrator to apply to, any employee 

14 covered by or eligible to be covered by a collec15 tive bargaining agreement entered into by the 

16 Agency. 

17 ‘‘(2) REQUIREMENTS.—The investigative policy 

18 established under paragraph (1) shall require the 

19 utilization of investigative best practices to ensure 

20 independent and objective investigation and accurate 

21 recording and reporting of such investigation, in22 cluding— 

23 ‘‘(A) managing case files to ensure the in24 tegrity of the information contained in such 

25 case files; 


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1 ‘‘(B) conducting interviews in a manner 

2 that ensures truthful answers and accurate 

3 records of such interviews; 

4 ‘‘(C) coordinating with the Office of the 

5 Inspector General of the Department of Trans6 portation, the Office of the Special Counsel, 

7 and the Attorney General, as necessary; and 

8 ‘‘(D) completing investigations in a timely 

9 manner. 

10 ‘‘(3) DEFINITION.—For purposes of this sub11 section, the term ‘manager’ has the meaning given 

12 such term in subsection (v)(4). 

13 ‘‘(x) DISCIPLINE MANAGEMENT.— 

14 ‘‘(1) ESTABLISHMENT OF POLICY.— 

15 ‘‘(A) IN GENERAL.—The Administrator 

16 shall establish a discipline management policy 

17 that governs any adjudication of an investiga18 tion of misconduct by a manager conducted by 

19 the Federal Aviation Administration (in this 

20 subsection referred to as the ‘Agency’). 

21 ‘‘(B) PRESERVATION OF COLLECTIVE BAR22 GAINING AGREEMENTS.—The discipline man23 agement policy established under subparagraph 

24 (A) shall not apply to, or in the future, be ex25 tended by the Administrator to apply to, any 


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1 employee covered by or eligible to be covered by 

2 a collective bargaining agreement entered into 

3 by the Agency. 

4 ‘‘(2) REQUIREMENTS.—The discipline manage5 ment policy established under paragraph (1) shall 

6 require— 

7 ‘‘(A) except as provided in subsection 

8 (t)(3)(A) or in a case where the allegation in9 volved carries a possible penalty of suspension 

10 of pay for 14 days or less, the Administrator to 

11 appoint an individual to serve as the Agency 

12 proposing official in any adjudication conducted 

13 by the Agency; 

14 ‘‘(B) except in a case where the allegation 

15 involved carries a possible penalty of suspension 

16 of pay for 14 days or less, the Administrator to 

17 appoint an individual to serve as the Agency de18 ciding official in any adjudication conducted by 

19 the Agency; 

20 ‘‘(C) the Agency to conduct any adjudica21 tion in accordance with best practices; and 

22 ‘‘(D) the Agency to complete— 

23 ‘‘(i) the discipline proposal process, 

24 including an opportunity for employee re25 sponse, not later than 60 days after the reVerDate Sep 11 2014 00:57 Sep 12, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4565.IS S4565

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1 ceipt of a completed misconduct investiga2 tion; and 

3 ‘‘(ii) the decision process, including 

4 any employee appeal, not later than 60 

5 days after the conclusion of the discipline 

6 proposal process. 

7 ‘‘(3) DEFINITION.—For purposes of this sub8 section, the term ‘manager’ has the meaning given 

9 such term in subsection (v)(4).’’. 

Æ 


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