IB 

Union Calendar No. 181 

112TH CONGRESS 

1ST SESSION H. R. 1165 

[Report No. 112–270] 

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 

NOVEMBER 4, 2011 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 17, 2011] 


srobinson on DSK4SPTVN1PROD with BILLS
2 

•HR 1165 RH

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. 


srobinson on DSK4SPTVN1PROD with BILLS
3 

•HR 1165 RH

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 Security 

5 Administration Ombudsman Act of 2011’’. 

6 SEC. 2. TRANSPORTATION SECURITY ADMINISTRATION OM7 BUDSMAN OFFICE. 

8 (a) IN GENERAL.—Subchapter II of chapter 449 of 

9 title 49, United States Code is amended by adding at the 

10 end the following new section: 

11 ‘‘§ 44946. Ombudsman 

12 ‘‘(a) IN GENERAL.— 

13 ‘‘(1) ESTABLISHMENT.—There is established an 

14 Office of the Ombudsman in the Transportation Secu15 rity Administration. 

16 ‘‘(2) OMBUDSMAN.— 

17 ‘‘(A) IN GENERAL.—The Office shall be 

18 under the direction of the Ombudsman of the 

19 Transportation Security Administration, who 

20 shall be appointed by the Chief Human Capital 

21 Officer of the Department of Homeland Security 

22 on behalf of the Secretary of Homeland Security. 

23 ‘‘(B) QUALIFICATIONS.—An individual ap24 pointed as the Ombudsman must have expertise 

25 in— 


srobinson on DSK4SPTVN1PROD with BILLS
4 

•HR 1165 RH

1 ‘‘(i) labor and employment relations 

2 with Federal agencies; and 

3 ‘‘(ii) dispute resolution. 

4 ‘‘(C) NOTIFICATION OF APPOINTMENT AND

5 REMOVAL.—The Chief Human Capital Officer of 

6 the Department of Homeland Security shall no7 tify the appropriate congressional committees 

8 within 30 days after the effective date of any of 

9 the following actions: 

10 ‘‘(i) The appointment of an individual 

11 as Ombudsman. 

12 ‘‘(ii) The reappointment as Ombuds13 man of an individual who is serving as 

14 Ombudsman. 

15 ‘‘(iii) The removal of an individual 

16 from the position of Ombudsman. 

17 ‘‘(3) ENSURING INDEPENDENCE OF OMBUDS18 MAN.— 

19 ‘‘(A) IN GENERAL.—The Ombudsman shall 

20 report— 

21 ‘‘(i) to the Administrator of the Trans22 portation Security Administration; and 

23 ‘‘(ii) to the Chief Human Capital Offi24 cer of the Department of Homeland Secu25 rity with respect to any dispute between the 


srobinson on DSK4SPTVN1PROD with BILLS
5 

•HR 1165 RH

1 Ombudsman and the Administrator of 

2 Transportation Security Administration 

3 over matters involving the execution of the 

4 Ombudsman’s duties as set forth in sub5 section (b). 

6 ‘‘(B) INSPECTOR GENERAL’S AUTHORITY TO

7 CONDUCT INVESTIGATIONS NOT AFFECTED.— 

8 Nothing in this section shall prohibit the Inspec9 tor General of the Department of Homeland Se10 curity from initiating, carrying out, or com11 pleting any investigation. 

12 ‘‘(b) DUTIES.—The Ombudsman shall— 

13 ‘‘(1) conduct outreach to Transportation Secu14 rity Administration employees, including publicizing 

15 a toll-free telephone number to report complaints; 

16 ‘‘(2) evaluate each complainant’s claim objec17 tively; 

18 ‘‘(3) provide information, advice, and assistance 

19 to complainants and, as appropriate, initiate infor20 mal, impartial fact-finding and inquiries, on com21 plaints or on the Ombudsman’s own initiative; 

22 ‘‘(4) inform each complainant— 

23 ‘‘(A) when the Ombudsman decides against 

24 conducting a fact-finding inquiry into the com25 plaint; 


srobinson on DSK4SPTVN1PROD with BILLS
6 

•HR 1165 RH

1 ‘‘(B) on the status of the Ombudsman’s fact2 finding inquiry to the complainant, on a regular 

3 basis if requested by the complainant; and 

4 ‘‘(C) of the Ombudsman’s recommendations 

5 and information, as appropriate, for the com6 plainant to formally complain to the appro7 priate authority; 

8 ‘‘(5) work with the Administrator of the Trans9 portation Security Administration to address issues 

10 identified through fact-finding and inquiries; 

11 ‘‘(6) maintain confidential any matter related to 

12 complaints and inquiries, including the identities of 

13 the complainants and witnesses; and 

14 ‘‘(7) submit an annual report to the appropriate 

15 congressional committees in accordance with sub16 section (c). 

17 ‘‘(c) ANNUAL REPORT.— 

18 ‘‘(1) IN GENERAL.—The Ombudsman shall report 

19 no later than September 30 each year to the appro20 priate congressional committees on the actions taken 

21 by the Office of the Ombudsman over the preceding 

22 year and the objectives of those actions. 

23 ‘‘(2) CONTENTS.—Each such report shall, for the 

24 period covered by the report, include— 


srobinson on DSK4SPTVN1PROD with BILLS
7 

•HR 1165 RH

1 ‘‘(A) statistical information, by region, on 

2 the volume of complaints received, general nature 

3 of complaints, general information on complain4 ants, and the percentage of complaints that re5 sulted in a fact-finding inquiry; 

6 ‘‘(B) a summary of problems encountered 

7 by complainants, including information on the 

8 most pervasive or serious types of problems en9 countered by complainants; 

10 ‘‘(C) policy recommendations that the Office 

11 of the Ombudsman made to the Administrator of 

12 the Transportation Security Administration; 

13 ‘‘(D) an inventory of the items described in 

14 subparagraphs (B) and (C) for which action has 

15 been taken, and the result of such action; 

16 ‘‘(E) an inventory of the items described in 

17 subparagraphs (B) and (C) for which action re18 mains to be completed; and 

19 ‘‘(F) such other information as the Ombuds20 man considers relevant. 

21 ‘‘(3) REPORT TO BE SUBMITTED DIRECTLY.— 

22 Each report under this subsection shall be provided 

23 directly to the committees described in paragraph (1) 

24 without any prior comment or amendment by the Ad25 ministrator of the Transportation Security AdminisVerDate Mar 15 2010 23:27 Nov 04, 2011 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H1165.RH H1165

srobinson on DSK4SPTVN1PROD with BILLS
8 

•HR 1165 RH

1 tration. However, the Ombudsman shall seek comment 

2 from the Administrator to be submitted by the Om3 budsman together with the annual report. 

4 ‘‘(4) OTHER REPORTS.—Nothing in this sub5 section shall be construed to preclude the Ombudsman 

6 from issuing other reports on the activities of the Of7 fice of the Ombudsman. 

8 ‘‘(d) CONTACT INFORMATION.—The Administrator of 

9 the Transportation Security Administration shall make 

10 publically available on the Internet site of the Administra11 tion information about the Office of the Ombudsman, in12 cluding regarding how to contact the Office. 

13 ‘‘(e) APPROPRIATE CONGRESSIONAL COMMITTEE DE14 FINED.—In this section the term ‘appropriate congressional 

15 committee’ means the Committee on Homeland Security of 

16 the House of Representatives and any committee of the 

17 House of Representatives or the Senate having legislative 

18 jurisdiction under the rules of the House of Representatives 

19 or Senate, respectively, over the matter concerned.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis at the be21 ginning of such chapter is amended by adding at the end 

22 the items relating to subchapter II the following new item: 

‘‘44946. Ombudsman.’’. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated for each of fiscal years 2012, 


srobinson on DSK4SPTVN1PROD with BILLS
9 

•HR 1165 RH

1 2013, and 2014 $575,000 for implementing section 44946 

2 of title 49, United States Code, as amended by this section. 


srobinson on DSK4SPTVN1PROD with BILLS
Union Calendar No. 181 

112TH CONGRESS 

1ST SESSION H. R. 1165 

[Report No. 112–270] 

A BILL 

To amend title 49, United States Code, to establish 

for other purposes. tation Security Administration employees, and dress work-place related problems of Transporfidential, informal, and neutral assistance to adhancing transportation security by providing conSecurity Administration for the purpose of enan Ombudsman Office within the Transportation 

NOVEMBER 4, 2011 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


srobinson on DSK4SPTVN1PROD with BILLS