,,ii #aafth ,,congress #b;d ,session ,s4 #defe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #aj1 #bjbj,mr4 ,wicker introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend title #di1 ,united ,states ,code1 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 ,administration1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,aviation ,administration ,accountability ,enhancement ,act4 #b4 ,enhancement of the ,aviation ,safety ,whistleblower ,investigation ,office in the ,federal ,aviation ,administration 7a7 ,renaming of the ,office ,section #ajf7t77#a7 of title #di1 ,united ,states ,code1 is amended by striking an ,aviation ,safety ,whistleblower ,investigation ,office and inserting the ,office of ,accountability and ,whistleblower ,protection4 7b7 ,duties 7#a7 ,in general ,section #ajf7t77#c7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7i7-- 7,i7 by inserting and investigate in accordance with subsection 7w7 after receive2 and 7,,ii7 by striking 7if the certificate holder does not have a similar in-house whistleblower or safety and regulatory noncompliance reporting process72 7ii7 in clause 7ii71 by striking and at the end2 7iii7 in clause 7iii71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7iv7 investigate in accordance with subsection 7w7 any misconduct alleged or discovered as a result of an investigation conducted pursuant to clause 7i72 7v7 receive and investigate in accordance with subsection 7w7 complaints and information concerning whistleblower retaliation by employees of the ,agency2 7vi7 assess the results of any investigation under clause 7i71 7iv71 or 7v71 and if there is a finding of whistleblower retaliation or related misconduct1 provide a recommendation for a range of disciplinary actions to the ,agency proposing official2 7vii7 if the ,agency proposing official deviates from the recommended range of disciplinary action described in clause 7vi71 or if the ,agency deciding official deviates from the range of disciplinary actions proposed by the ,agency proposing official1 notify ,congress in writing not later than #aj days after such deviation2 and 7viii7 comply with all legal requirements concerning disciplinary actions related to whistleblower retaliation4 2 7,b7 in subparagraph 7,b71 by striking subparagraph 7,a77i7 and inserting clause 7i71 7iv71 or 7v7 of subparagraph 7,a72 7,c7 in subparagraph 7,c71 by striking subparagraph 7,a77i7 and inserting clause 7i71 7iv71 or 7v7 of subparagraph 7,a72 and 7,d7 in subparagraph 7,d7-- 7i7 by striking assessment and inserting investigation2 7ii7 by striking subparagraph 7,a77i7 and inserting clause 7i71 7iv71 or 7v7 of subparagraph 7,a72 and 7iii7 by inserting 1 misconduct1 or whistleblower retaliation after aviation safety4 7#b7 ,limitation ,section #ajf7t77#b7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7,e7 ,limitation of duties ,the ,administrator may only assign to the ,director responsibilities relating to the duties of the ,office described in paragraph 7#c74 4 7#c7 ,conforming amendments ,section #ajf7t7 of title #di1 ,united ,states ,code1 as amended-- 7,a7 in paragraph 7#e71 by inserting 1 misconduct1 or whistleblower retaliation after aviation safety2 7,b7 in paragraph 7#g7-- 7i7 in the matter preceding subparagraph 7,a7-- 7,i7 by striking ,october #a and inserting ,november #ae2 and 7,,ii7 by inserting directly after the ,director shall submit2 and 7ii7 in subparagraph 7,a71 by striking paragraph 7#c77;,a77i7 in the preceding #ab-month period and inserting clause 7i71 7iv71 or 7v7 of paragraph #c7;,a7 in the preceding fiscal year2 and 7,c7 by adding at the end the following3 7#h7 ,staff and resources ,the ,administrator shall ensure that the ,director has such staff1 resources1 and access to information as may be necessary to carry out the functions of the ,office4 4 #c4 ,office of the ,whistleblower ,ombudsman in the ,federal ,aviation ,administration ,section #ajf of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7u7 ,office of the ,whistleblower ,ombudsman 7#a7 ,establishment ,the ,administrator shall establish in the ,federal ,aviation ,administration 7in this subsection referred to as the ,agency7 an ,office of the ,whistleblower ,ombudsman 7in this subsection referred to as the ,office74 7#b7 ,ombudsman ,the ,office shall be headed by an ,ombudsman1 who shall be appointed by the ,administrator4 7#c7 ,duties ,the ,ombudsman shall carry out the following duties3 7,a7 ,educate ,agency employees about prohibitions on retaliation and any specific rights or remedies with respect to any retaliatory practice4 7,b7 ,serve as an independent confidential resource for ,agency employees to discuss any specific retaliation allegation and available rights or remedies based on the circumstances4 7,c7 ,coordinate with ,human ,resource ,management1 the ,office of ,accountability and ,whistleblower ,protection1 the ,office of ,professional ,responsibility1 and the ,office of the ,chief ,counsel1 as necessary4 7,d7 ,coordinate with the ,office of the ,inspector ,general of the ,department of ,transportation's ,whistleblower ,protection ,coordinator and the ,office of the ,special ,counsel1 as necessary4 7,e7 ,conduct outreach and training within the ,agency to mitigate retaliation and promote timely and appropriate processing of any protected disclosure or allegation of retaliation4 7#d7 ,staff and resources ,the ,administrator shall ensure that the ,ombudsman has such staff1 resources1 and access to information as may be necessary to carry out the functions of the ,office4 4 #d4 ,office of ,professional ,responsibility in the ,federal ,aviation ,administration ,section #ajf of title #di1 ,united ,states ,code1 as amended by section #c1 is amended by adding at the end the following3 7v7 ,office of ,professional ,responsibility 7#a7 ,establishment ,the ,administrator shall establish in the ,federal ,aviation ,administration 7in this subsection referred to as the ,agency7 an ,office of ,professional ,responsibility 7in this subsection referred to as the ,office74 7#b7 ,duties ,the ,office shall carry out the following duties3 7,a7 ,receive any complaints and information concerning misconduct by managers within the ,agency4 7,b7 ,assess any complaint and information concerning misconduct by managers received under this paragraph and determine whether sufficient information exists to initiate an investigation in accordance with subsection 7w74 7,c7 ,except as provided in subparagraph 7,d71 refer each misconduct case1 based on the nature of the allegations1 to-- 7i7 the ,office of the ,inspector ,general of the ,department of ,transportation for investigation and appropriate referral1 as necessary2 or 7ii7 the appropriate venue within the ,agency for investigation in accordance with subsection 7w7 and adjudication in accordance with subsection 7x71 unless the ,office decides to retain such case4 7,d7 ,retain and independently investigate in accordance with subsection 7w7 any allegation1 other than an allegation investigated by the ,office of ,accountability and ,whistleblower ,protection or referred outside of the ,agency1 that carries a possible penalty of suspension of pay for more than #ad days4 7,e7 ,record and track the disposition of each misconduct case received under this paragraph4 7#c7 ,staff and resources ,the ,administrator shall ensure that the ,office has such staff1 resources1 and access to information as may be necessary to carry out the functions of the ,office4 7#d7 ,definition ,for purposes of this subsection1 the term manager means an employee of the ,agency who is a supervisor or management official1 as defined in section #gajc7;a7 of title #e1 ,united ,states ,code4 4 #e4 ,misconduct ,investigations and ,adjudications in the ,federal ,aviation ,administration ,section #ajf of title #di1 ,united ,states ,code1 as amended by section #d1 is amended by adding at the end the following3 7w7 ,misconduct ,investigations 7#a7 ,establishment of policy 7,a7 ,in general ,the ,administrator shall establish an investigative policy that governs any investigation of misconduct by a manager conducted by the ,federal ,aviation ,administration 7in this subsection referred to as the ,agency74 7,b7 ,preservation of collective bargaining agreements ,the investigative policy established under subparagraph 7,a7 shall not apply to1 or in the future1 be extended by the ,administrator to apply to1 any employee covered by or eligible to be covered by a collective bargaining agreement entered into by the ,agency4 7#b7 ,requirements ,the investigative policy established under paragraph 7#a7 shall require the utilization of investigative best practices to ensure independent and objective investigation and accurate recording and reporting of such investigation1 including-- 7,a7 managing case files to ensure the integrity of the information contained in such case files2 7,b7 conducting interviews in a manner that ensures truthful answers and accurate records of such interviews2 7,c7 coordinating with the ,office of the ,inspector ,general of the ,department of ,transportation1 the ,office of the ,special ,counsel1 and the ,attorney ,general1 as necessary2 and 7,d7 completing investigations in a timely manner4 7#c7 ,definition ,for purposes of this subsection1 the term manager has the meaning given such term in subsection 7v77#d74 7x7 ,discipline ,management 7#a7 ,establishment of policy 7,a7 ,in general ,the ,administrator shall establish a discipline management policy that governs any adjudication of an investigation of misconduct by a manager conducted by the ,federal ,aviation ,administration 7in this subsection referred to as the ,agency74 7,b7 ,preservation of collective bargaining agreements ,the discipline management policy established under subparagraph 7,a7 shall not apply to1 or in the future1 be extended by the ,administrator to apply to1 any employee covered by or eligible to be covered by a collective bargaining agreement entered into by the ,agency4 7#b7 ,requirements ,the discipline management policy established under paragraph 7#a7 shall require-- 7,a7 except as provided in subsection 7t77#c77;,a7 or in a case where the allegation involved carries a possible penalty of suspension of pay for #ad days or less1 the ,administrator to appoint an individual to serve as the ,agency proposing official in any adjudication conducted by the ,agency2 7,b7 except in a case where the allegation involved carries a possible penalty of suspension of pay for #ad days or less1 the ,administrator to appoint an individual to serve as the ,agency deciding official in any adjudication conducted by the ,agency2 7,c7 the ,agency to conduct any adjudication in accordance with best practices2 and 7,d7 the ,agency to complete-- 7i7 the discipline proposal process1 including an opportunity for employee response1 not later than #fj days after the receipt of a completed misconduct investigation2 and 7ii7 the decision process1 including any employee appeal1 not later than #fj days after the conclusion of the discipline proposal process4 7#c7 ,definition ,for purposes of this subsection1 the term manager has the meaning given such term in subsection 7v77#d74 4