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[House Report 112-270]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-270

======================================================================

 
      TRANSPORTATION SECURITY ADMINISTRATION OMBUDSMAN ACT OF 2011

                                _______
                                

November 4, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. King of New York, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1165]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (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, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 appointed as the 
                Ombudsman must have expertise in--
                          ``(i) labor and employment relations with 
                        Federal agencies; and
                          ``(ii) dispute resolution.
                  ``(C) 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.
  ``(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) Contact Information.--The Administrator of the Transportation 
Security Administration shall make publically available on the Internet 
site of the Administration information about the Office of the 
Ombudsman, including regarding how to contact the Office.
  ``(e) 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 is authorized to be 
appropriated for each of fiscal years 2012, 2013, and 2014 $575,000 for 
implementing section 44946 of title 49, United States Code, as amended 
by this section.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Congressional Budget Office Estimate.............................     5
Statement of General Performance Goals and Objectives............     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     7

                          Purpose and Summary

    The purpose of H.R. 1165 is 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.

                  Background and Need for Legislation

    In May 2008, the Department of Homeland Security Office of 
the Inspector General released a report entitled, 
``Transportation Security Administration's Efforts to 
Proactively Address Employee Concerns.'' The report found that 
many employees were unaware of, or lacked trust and confidence 
in the Transportation Security Administration's Office of 
Ombudsman. The report also found that airport site visits 
conducted by the Office could be more effective in increasing 
its visibility within the agency, acquainting employees with 
its functions, and responding to requests for intervention.
    H.R. 1165 statutorily establishes the Ombudsman Office 
within the Transportation Security Administration (TSA) and 
requires that the Ombudsman have certain expertise and clearly 
defined responsibilities in order to provide assistance to 
address work-place related issues of TSA employees. The 
Ombudsman office already exists at TSA but until now has not 
received direction from Congress.

                                Hearings

    No hearings were held on H.R. 1165.

                        Committee Consideration

    The Subcommittee on Transportation Security met on May 12, 
2011, to consider H.R. 1165, and ordered the measure to be 
reported to the House with a favorable recommendation, amended, 
by voice vote. The Committee took the following actions:
    The Subcommittee adopted H.R. 1165, as amended.
    The following amendments were offered:
    An Amendment in the Nature of a Substitute offered by Ms. 
Jackson Lee (#1); was AGREED TO by voice vote.

    The Committee on Homeland Security met on September 21, 
2011, to consider H.R. 1165, and ordered the measure to be 
reported to the House with a favorable recommendation, amended, 
by voice vote. The Committee took the following actions:
    The Committee adopted H.R. 1165, as amended, by voice vote.
    The following amendments were offered:
    An Amendment in the Nature of a Substitute offered by Ms. 
Jackson Lee (#1); was AGREED TO by voice vote.
    An Amendment offered by Ms. Richardson to the Amendment in 
the Nature of a Substitute (#1A); was AGREED TO by voice vote.

  Page 8, after line 6, insert the following (and redesignate the 
subsequent subsection accordingly):
    ``(d) Contact Information.--The Administrator of the Transportation 
Security Administration shall make publically available on the Internet 
site of the Administration information about the Office of the 
Ombudsman, including regarding how to contact the Office.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
1165, the Transportation Security Administration Ombudsman Act 
of 2011, would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

     The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 26, 2011.
Hon. Peter T. King,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1165, the 
Transportation Security Administration Ombudsman Act of 2011.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                          Director.
    Enclosure.

H.R. 1165--Transportation Security Administration Ombudsman Act of 2011

    H.R. 1165 would establish an Office of the Ombudsman within 
the Transportation Security Administration to conduct outreach 
to employees of that agency and carry out certain activities 
related to employee complaints. The bill would authorize the 
appropriation of $575,000 in each of fiscal years 2012 through 
2014 for the cost of those activities.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 1165 would cost $1.725 million 
over the 2012-2014 period. Enacting H.R. 1165 would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    H.R. 1165 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 1165 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This legislation aims to enhance transportation security by 
providing confidential, informal, and neutral assistance to 
address work-place related problems of Transportation Security 
Administration employees by strengthening and refining the role 
of the TSA Office of Ombudsman. This legislation also requires 
the Ombudsman to report 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.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution in intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 1165 does 
not preempt any State, local, or Tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation

Section 1.   Short title

    This section provides that bill may be cited as the 
``Security Administration Ombudsman Office.''

Section 2.   Transportation Security Administration Ombudsman Office

            Establishment
    Establish an Office of the Ombudsman in the Transportation 
Security Administration.
            Ombudsman
    The Office of Ombudsman will be under the direction of the 
Ombudsman of TSA, who must be appointed by the Chief Human 
Capital Officer of the Department of Homeland Security on 
behalf of the Secretary of Homeland Security. To be appointed 
as the Ombudsman an individual must demonstrate expertise in 
labor and employment relations and dispute resolution. The 
Chief Human Capital Officer of DHS must notify the appropriate 
congressional committees within 30 days after the effective day 
an Ombudsman is appointed, reappointed, or removed from the 
position.
            Duties
    The Ombudsman must conduct outreach to TSA employees; 
evaluate each complainant's claim objectively; and provide 
information, advice, and assistance to complainants. The 
Ombudsman must notify a complainant if the Ombudsman decides 
against conducting a fast-finding inquiry into the complaint; 
the status of a fact-finding inquiry; and of the Ombudsman 
recommendations related to how to make a formal complaint to 
the appropriate authority.
            Ensuring independence of Ombudsman
    The Ombudsman must report to the TSA Administrator and to 
the Chief Human Capital Officer of DHS with respect to any 
dispute between the Ombudsman and the TSA Administrator over 
matters involving the execution of the Ombudsman's duties.
            Annual report
    The Ombudsman must submit by September 30 of each year, an 
annual report to the appropriate committees on the actions 
taken by the Office of the Ombudsman over the preceding year. 
The report must include statistical information by region, the 
volume of complaints received, general nature of complaints, 
and the percentage of complaints that resulted in a fact-
finding inquiry; a summary of problems encountered by 
complainants; and policy recommendations that the Office of the 
Ombudsman made to the Administrator.
            Appropriate congressional committee defined
    The term appropriate congressional committee refers to the 
House Committee on Homeland Security and any other committee in 
the House or Senate that has legislative jurisdiction over the 
Office of Ombudsman under the rules of the House and Senate.
            Authorization of appropriation
    There are authorized to be appropriated for each of FY 
2012, 2013, and 2014, $575,000 for implementing section 44946 
of title 49, United States Code, as amended by this section.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                      TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *
SUBTITLE VII--AVIATION PROGRAMS

           *       *       *       *       *       *       *

PART A--AIR COMMERCE AND SAFETY

           *       *       *       *       *       *       *

SUBPART III--SAFETY

           *       *       *       *       *       *       *

                         CHAPTER 449--SECURITY

                       SUBCHAPTER I--REQUIREMENTS

Sec.
44901. Screening passengers and property.
     * * * * * * *

               SUBCHAPTER II--ADMINISTRATION AND PERSONNEL

     * * * * * * *
44946. Ombudsman.

           *       *       *       *       *       *       *

SUBCHAPTER II--ADMINISTRATION AND PERSONNEL

           *       *       *       *       *       *       *

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 appointed 
                as the Ombudsman must have expertise in--
                          (i)   labor and employment relations 
                        with Federal agencies; and
                          (ii) dispute resolution.
                  (C) 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.
  (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) Contact Information.--The Administrator of the 
Transportation Security Administration shall make publically 
available on the Internet site of the Administration 
information about the Office of the Ombudsman, including 
regarding how to contact the Office.
  (e) 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.

           *       *       *       *       *       *       *

                                  
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