[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.
* * * * * * *