[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2168 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2168

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 30, 1996

   Mr. Kerry introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


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

    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 new subchapter:

           ``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 
of the air carrier or the contractor or subcontractor of an air carrier 
or otherwise discriminate against any such 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) In general.--In accordance with this 
                paragraph, a person may file (or have a person file on 
                behalf of that person) a complaint with the Secretary 
                of Labor if that person believes that an air carrier or 
                contractor or subcontractor of an air carrier 
                discharged or otherwise discriminated against that 
                person in violation of subsection (a).
                    ``(B) Requirements for filing complaints.--A 
                complaint referred to in subparagraph (A) may be filed 
                not later than 180 days after an alleged violation 
                occurs. The complaint shall state the alleged 
                violation.
                    ``(C) Notification.--Upon receipt of a complaint 
                submitted under subparagraph (A), the Secretary of 
                Labor shall notify the air carrier, contractor, or 
                subcontractor named in the complaint and the 
                Administrator of the Federal Aviation Administration of 
                the--
                            ``(i) filing of the complaint;
                            ``(ii) allegations contained in the 
                        complaint;
                            ``(iii) substance of evidence supporting 
                        the complaint; and
                            ``(iv) opportunities that are afforded to 
                        the air carrier, contractor, or subcontractor 
                        under paragraph (2).
            ``(2) Investigation; preliminary order.--
                    ``(A) In general.--Not later than 60 days after 
                receiving a complaint under paragraph (1), and after 
                affording the air carrier, contractor, or subcontractor 
                named in the complaint the opportunities specified in 
                subparagraph (B), the Secretary of Labor shall conduct 
                an investigation to determine whether there is 
                reasonable cause to believe that a complaint submitted 
                under this subsection has merit.
                    ``(B) Opportunity for response.--Before the date 
                specified in subparagraph (A), the Secretary of Labor 
                shall afford the air carrier, contractor, or 
                subcontractor named in the complaint an opportunity 
                to--
                            ``(i) submit to the Secretary of Labor a 
                        written response to the complaint; and
                            ``(ii) meet with a representative of the 
                        Secretary of Labor to present statements from 
                        witnesses.
                    ``(C) Notification.--Upon completion of an 
                investigation under subparagraph (A), the Secretary of 
                Labor shall notify the complainant and the air carrier, 
                contractor, or subcontractor alleged to have committed 
                a violation of subsection (a) of the findings of the 
                investigation.
                    ``(D) Orders.--If, on the basis of the 
                investigation conducted under this paragraph, the 
                Secretary of Labor concludes that there is a reasonable 
                cause to believe that a violation of subsection (a) has 
                occurred, the Secretary shall--
                            ``(i) issue a preliminary order providing 
                        the relief prescribed by paragraph (3)(B); and
                            ``(ii) provide a copy of the order to the 
                        parties specified in subparagraph (C).
                    ``(E) Objections.--Not later than 30 days after 
                receiving a notification under subparagraph (C), the 
                air carrier, contractor, or subcontractor alleged to 
                have committed a violation in a complaint filed under 
                this subsection or the complainant may file an 
                objection to the findings of an investigation conducted 
                under this paragraph or a preliminary order issued 
                under this paragraph and request a hearing on the 
                record. The filing of an objection under this 
                subparagraph shall not operate to stay any 
                reinstatement remedy contained in a preliminary order 
                issued under this paragraph.
                    ``(F) Hearings.--A hearing requested under this 
                paragraph shall be conducted expeditiously.
                    ``(G) Final order.--If no hearing is requested by 
                the date specified in subparagraph (E), a preliminary 
                order shall be considered to be a final order that is 
                not subject to judicial review.
            ``(3) Final order.--
                    ``(A) Deadline for issuance; settlement 
                agreements.--
                            ``(i) In general.--Not later than 120 days 
                        after conclusion of a hearing under paragraph 
                        (2), the Secretary of Labor shall issue a final 
                        order that--
                                    ``(I) provides relief in accordance 
                                with this paragraph; or
                                    ``(II) denies the complaint.
                            ``(ii) Settlement agreement.--At any time 
                        before issuance of a final order under this 
                        paragraph, 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 air carrier, 
                        contractor, or subcontractor 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 air carrier, 
                contractor, or subcontractor that the Secretary of 
                Labor determines to have committed the violation to--
                            ``(i) take action to abate the violation;
                            ``(ii) reinstate the complainant to the 
                        former position of the complainant and ensure 
                        the payment of compensation (including back 
                        pay) and the restoration of terms, conditions, 
                        and privileges associated with the employment; 
                        and
                            ``(iii) provide compensatory damages to the 
                        complainant.
                    ``(C) Costs of complaint.--If the Secretary of 
                Labor issues a final order that provides for relief in 
                accordance with this paragraph, the Secretary of Labor, 
                at the request of the complainant, shall assess against 
                the air carrier, contractor, or subcontractor named in 
                the order an amount equal to the aggregate amount of 
                all costs and expenses (including attorney and expert 
                witness fees) reasonably incurred by the complainant 
                (as determined by the Secretary of Labor) for, or in 
                connection with, the bringing of the complaint that 
                resulted in the issuance of the order.
                    ``(D) Frivolous complaints.--If the Secretary of 
                Labor finds that a complaint brought under paragraph 
                (1) is frivolous or was brought in bad faith, the 
                Secretary of Labor may award to the prevailing employer 
                a reasonable attorney fee in an amount not to exceed 
                $5,000.
            ``(4) Review.--
                    ``(A) Appeal to court of appeals.--
                            ``(i) In general.--Not later than 60 days 
                        after a final order is issued under paragraph 
                        (3), a person adversely affected or aggrieved 
                        by that order may obtain review of the order in 
                        the United States court of appeals for the 
circuit in which the violation allegedly occurred or the circuit in 
which the complainant resided on the date of that violation.
                            ``(ii) Requirements for judicial review.--A 
                        review conducted under this paragraph shall be 
                        conducted in accordance with chapter 7 of title 
                        5. The commencement of proceedings under this 
                        subparagraph shall not, unless ordered by the 
                        court, operate as a stay of the order that is 
                        the subject of the review.
                    ``(B) Limitation on collateral attack.--An order 
                referred to in subparagraph (A) shall not be subject to 
                judicial review in any criminal or other civil 
                proceeding.
            ``(5) Enforcement of order by secretary of labor.--
                    ``(A) In general.--If an air carrier, contractor, 
                or subcontractor named in an order issued under 
                paragraph (3) fails to comply with the order, the 
                Secretary of Labor may file a civil action in the 
                United States district court for the district in which 
                the violation occurred to enforce that order.
                    ``(B) Relief.--In any action brought under this 
                paragraph, the district court shall have jurisdiction 
                to grant any appropriate form of relief, including 
                injunctive relief and compensatory damages.
            ``(6) Enforcement of order by parties.--
                    ``(A) Commencement of action.--A person on whose 
                behalf an order is issued under paragraph (3) may 
                commence a civil action against the air carrier, 
                contractor, or subcontractor named in the order to 
                require compliance with the 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 the order.
                    ``(B) Attorney fees.--In issuing any final order 
                under this paragraph, the court may award costs of 
                litigation (including reasonable attorney and expert 
                witness fees) to any party if the court determines that 
                the awarding of those costs 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.
    ``(d) Nonapplicability To Deliberate Violations.--Subsection (a) 
shall not apply with respect to an employee of an air carrier, or 
contractor or subcontractor of an air carrier who, acting without 
direction from the air carrier (or an agent, contractor, or 
subcontractor of the air carrier), 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 chapter analysis for chapter 421 of 
title 49, United States Code, 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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