[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3187 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3187

   To amend title 49, United States Code, to provide protection for 
     airline employees who provide certain air safety information.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 28, 1996

 Mr. Clyburn introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
   To amend title 49, United States Code, to provide protection for 
     airline employees who provide certain air safety information.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aviation Safety Protection Act of 
1996''.

SEC. 2. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY INFORMATION.

    (a) General Rule.--Chapter 421 of title 49, United States Code, is 
amended by adding at the end the following:

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

``Sec. 42121. Protection of employees providing air safety information
    ``(a) Discrimination Against Airline Employees.--No air carrier or 
contractor or subcontractor of an air carrier may discharge an employee 
or otherwise discriminate against an employee with respect to 
compensation, terms, conditions, or privileges of employment because 
the employee (or any person acting pursuant to a request of the 
employee)--
            ``(1) provided, caused to be provided, or is about to 
        provide or cause to be provided to the Federal Government 
        information relating to air safety under this subtitle or any 
        other law of the United States;
            ``(2) has filed, caused to be filed, or is about to file or 
        cause to be filed a proceeding relating to air carrier safety 
        under this subtitle or any other law of the United States;
            ``(3) testified or is about to testify in such a 
        proceeding; or
            ``(4) assisted or participated or is about to assist or 
        participate in such a proceeding.
    ``(b) Department of Labor Complaint Procedure.--
            ``(1) Filing and notification.--A person who believes that 
        he has been discharged or otherwise discriminated against by a 
        person in violation of subsection (a) may, within 180 days 
        after such violation occurs, file (or have any person file on 
        his behalf) a complaint with the Secretary of Labor alleging 
        such discharge or discrimination. Upon receipt of such a 
        complaint, the Secretary of Labor shall notify the person named 
        in the complaint and the Administrator of the Federal Aviation 
        Administration of the filing of the complaint, of the 
        allegations contained in the complaint, of the substance of 
        evidence supporting the complaint, and of the opportunities 
        which will be afforded to such person under paragraph (2).
            ``(2) Investigation; preliminary order.--Within 60 days of 
        receipt of a complaint filed under paragraph (1) and after 
        affording the person named in the complaint of an opportunity 
        to submit to the Secretary of Labor a written response to the 
        complaint and an opportunity to meet with a representative of 
        the Secretary to present statements from witnesses, the 
        Secretary of Labor shall conduct an investigation and determine 
        whether there is reasonable cause to believe that the complaint 
        has merit and notify the complainant and the person alleged to 
        have committed a violation of subsection (a) of the Secretary's 
        findings. If the Secretary of Labor concludes that there is a 
        reasonable cause to believe that a violation of subsection (a) 
        has occurred, the Secretary shall accompany the Secretary's 
        findings with a preliminary order providing the relief 
        prescribed by paragraph (3)(B). Within 30 days after 
        notification of findings under this paragraph, either the 
        person alleged to have committed the violation or the 
        complainant may file objections to the findings or preliminary 
        order, or both, and request a hearing on the record. The filing 
        of such objections shall not operate to stay any reinstatement 
        remedy contained in the preliminary order. Such hearings shall 
        be conducted expeditiously. If a hearing is not requested 
        within such 30-day period, the preliminary order shall be 
        deemed a final order which is not subject to judicial review.
            ``(3) Final order.--
                    ``(A) Deadline for issuance; settlement 
                agreements.--Within 120 days after conclusion of a 
                hearing under paragraph (2), the Secretary of Labor 
                shall issue a final order providing the relief 
                prescribed by this paragraph or denying the complaint. 
                At any time before issuance of a final order, a 
                proceeding under this subsection may be terminated on 
                the basis of a settlement agreement entered into by the 
                Secretary of Labor, the complainant, and the person 
                alleged to have committed the violation.
                    ``(B) Remedy.--If, in response to a complaint filed 
                under paragraph (1), the Secretary of Labor determines 
                that a violation of subsection (a) has occurred, the 
                Secretary of Labor shall order the person who committed 
                such violation to--
                            ``(i) take affirmative action to abate the 
                        violation;
                            ``(ii) reinstate the complainant to his 
                        former position together with the compensation 
                        (including back pay), terms, conditions, and 
                        privileges associated with his employment; and
                            ``(iii) provide compensatory damages to the 
                        complainant.
                If such an order is issued under this paragraph, the 
                Secretary of Labor, at the request of the complainant, 
                shall assess against the person against whom the order 
                is issued a sum equal to the aggregate amount of all 
                costs and expenses (including attorneys' and expert 
                witness fees) reasonably incurred, as determined by the 
                Secretary of Labor, by the complainant for, or in 
                connection with, the bringing of the complaint upon 
                which the order was issued.
                    ``(C) Frivolous complaints.--If the Secretary of 
                Labor finds that a complaint under paragraph (1) is 
                frivolous or has been brought in bad faith, the 
                Secretary of Labor may award to the prevailing employer 
                a reasonable attorney's fee not exceeding $5,000.
            ``(4) Review.--
                    ``(A) Appeal to court of appeals.--Any person 
                adversely affected or aggrieved by an order issued 
                under paragraph (3) may obtain review of the order in 
                the United States Court of Appeals for the circuit in 
                which the violation, with respect to which the order 
                was issued, allegedly occurred or the circuit in which 
                the complainant resided on the date of such violation. 
                The petition for review must be filed within 60 days 
                from the issuance of the order of the Secretary of 
                Labor. Review shall conform to chapter 7 of title 5, 
                United States Code. The commencement of proceedings 
                under this subparagraph shall not, unless ordered by 
                the court, operate as a stay of the order.
                    ``(B) Limitation on collateral attack.--An order of 
                the Secretary of Labor with respect to which review 
                could have been obtained under subparagraph (A) shall 
                not be subject to judicial review in any criminal or 
                other civil proceeding.
            ``(5) Enforcement of order by secretary of labor.--Whenever 
        a person has failed to comply with an order issued under 
        paragraph (3), the Secretary of Labor may file a civil action 
        in the United States district court for the district in which 
        the violation was found to occur to enforce such order. In 
        actions brought under this paragraph, the district courts shall 
        have jurisdiction to grant all appropriate relief including, 
        but not limited to, injunctive relief and compensatory damages.
            ``(6) Enforcement of order by parties.--
                    ``(A) Commencement of action.--A person on whose 
                behalf an order was issued under paragraph (3) may 
                commence a civil action against the person to whom such 
                order was issued to require compliance with such order. 
                The appropriate United States district court shall have 
                jurisdiction, without regard to the amount in 
                controversy or the citizenship of the parties, to 
                enforce such order.
                    ``(B) Attorney fees.--The court, in issuing any 
                final order under this paragraph, may award costs of 
                litigation (including reasonable attorney and expert 
                witness fees) to any party whenever the court 
                determines such award is appropriate.
    ``(c) Mandamus.--Any nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding brought under section 
1361 of title 28, United States Code.
    ``(d) Nonapplicability to Deliberate Violations.--Subsection (a) of 
this section shall not apply with respect to an employee of an air 
carrier who, acting without direction from such air carrier (or such 
air carrier's agent), deliberately causes a violation of any 
requirement relating to air carrier safety under this subtitle or any 
other law of the United States.''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of such chapter is amended by adding at the end the following:

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

``42121. Protection of employees providing air safety information.''.

SEC. 3. CIVIL PENALTY.

    Section 46301(a)(1)(A) of title 49, United States Code, is amended 
by striking ``subchapter II of chapter 421'' and inserting ``subchapter 
II or III of chapter 421''.
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