[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1139 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1139

To amend title 49, United States Code, relating to civil penalties for 
unruly passengers of air carriers and to provide for the protection of 
  employees providing air safety information, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 1999

  Mr. Reid (for himself and Mr. Frist) 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, relating to civil penalties for 
unruly passengers of air carriers and to provide for the protection of 
  employees providing 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. PENALTIES FOR UNRULY PASSENGERS.

    (a) In General.--Chapter 463 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 46317. Interference with cabin or flight crew
    ``(a) General Rule.--
            ``(1) In general.--An individual who interferes with the 
        duties or responsibilities of the flight crew or cabin crew of 
        a civil aircraft or takes any action that poses an imminent 
        threat to the safety of the aircraft or other individuals on 
        the aircraft is liable to the United States Government for a 
        civil penalty of not more than $25,000.
            ``(2) Additional penalties.--In addition or as an 
        alternative to the penalty under paragraph (1), the Secretary 
        of Transportation (referred to in this section as the 
        `Secretary') may prohibit the individual from flying as a 
        passenger on an aircraft used to provide air transportation for 
        a period of not more than 1 year.
    ``(b) Notification of Air Carriers.--Not later than 10 days after 
issuing an order prohibiting an individual from flying under subsection 
(a)(2), the Secretary shall notify all air carriers of--
            ``(1) the prohibition; and
            ``(2) the period of the prohibition.
    ``(c) Responsibility of Air Carriers.--After a notification of an 
order issued under subsection (a)(2), an air carrier who provides air 
transportation for the individual prohibited from flying during the 
period of the prohibition under that subsection is liable to the United 
States Government for a civil penalty of not more than $25,000.
    ``(d) Compromise and Setoff.--
            ``(1) Compromise.--The Secretary may compromise the amount 
        of a civil penalty imposed under this section.
            ``(2) Setoff.--The United States Government may deduct the 
        amount of a civil penalty imposed or compromised under this 
        section from amounts the Government owes the person liable for 
        the penalty.''.
    (b) Conforming Amendment.--The table of sections for chapter 463 of 
title 49, United States Code, is amended by adding at the end the 
following:

``46317. Interference with cabin or flight crew.''.

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

    (a) In General.--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 
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 any violation or alleged violation of 
        any order, regulation, or standard of the Federal Aviation 
        Administration or any other provision of Federal law relating 
        to air carrier 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 any violation or 
        alleged violation of any order, regulation, or standard of the 
        Federal Aviation Administration or any other provision of 
        Federal law relating to air carrier safety under this subtitle 
        or any other law of the United States;
            ``(3) testified or will 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 90 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.--
                            ``(i) Investigation.--Not later than 60 
                        days after receipt of a complaint filed under 
                        paragraph (1) and after affording the person 
                        named in the complaint 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 
                        in writing the complainant and the person 
                        alleged to have committed a violation of 
                        subsection (a) of the Secretary's findings.
                            ``(ii) Order.--Except as provided in 
                        subparagraph (B), if the Secretary of Labor 
                        concludes that there is reasonable cause to 
                        believe that a violation of subsection (a) has 
                        occurred, the Secretary shall accompany the 
                        findings referred to in clause (i) with a 
                        preliminary order providing the relief 
                        prescribed under paragraph (3)(B).
                            ``(iii) Objections.--Not later than 30 days 
                        after the date of notification of findings 
                        under this paragraph, the person alleged to 
                        have committed the violation or the complainant 
                        may file objections to the findings or 
                        preliminary order and request a hearing on the 
                        record.
                            ``(iv) Effect of filing.--The filing of 
                        objections under clause (iii) shall not operate 
                        to stay any reinstatement remedy contained in 
                        the preliminary order.
                            ``(v) Hearings.--Hearings conducted 
                        pursuant to a request made under clause (iii) 
                        shall be conducted expeditiously and governed 
                        by the Federal Rules of Civil Procedure. If a 
                        hearing is not requested during the 30-day 
                        period prescribed in clause (iii), the 
                        preliminary order shall be deemed a final order 
                        that is not subject to judicial review.
                    ``(B) Requirements.--
                            ``(i) Required showing by complainant.--The 
                        Secretary of Labor shall dismiss a complaint 
                        filed under this subsection and shall not 
                        conduct an investigation otherwise required 
                        under subparagraph (A) unless the complainant 
                        makes a prima facie showing that any behavior 
                        described in paragraphs (1) through (4) of 
                        subsection (a) was a contributing factor in the 
                        unfavorable personnel action alleged in the 
                        complaint.
                            ``(ii) Showing by employer.--
                        Notwithstanding a finding by the Secretary that 
                        the complainant has made the showing required 
                        under clause (i), no investigation otherwise 
                        required under subparagraph (A) shall be 
                        conducted if the employer demonstrates, by 
                        clear and convincing evidence, that the 
                        employer would have taken the same unfavorable 
                        personnel action in the absence of that 
                        behavior.
                            ``(iii) Criteria for determination by 
                        secretary.--The Secretary may determine that a 
                        violation of subsection (a) has occurred only 
                        if the complainant demonstrates that any 
                        behavior described in paragraphs (1) through 
                        (4) of subsection (a) was a contributing factor 
                        in the unfavorable personnel action alleged in 
                        the complaint.
                            ``(iv) Prohibition.--Relief may not be 
                        ordered under subparagraph (A) if the employer 
                        demonstrates by clear and convincing evidence 
                        that the employer would have taken the same 
                        unfavorable personnel action in the absence of 
                        that behavior.
            ``(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.
            ``(4) Frivolous complaints.--A complaint brought under this 
        section that is found to be frivolous or to have been brought 
        in bad faith shall be governed by Rule 11 of the Federal Rules 
        of Civil Procedure.
            ``(5) 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.
            ``(6) 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.
            ``(7) 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.
    ``(e) Contractor Defined.--In this section, the term `contractor' 
means a company that performs safety-sensitive functions by contract 
for an air carrier.''.
    (b) Conforming Amendment.--The 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.
    (c) 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,''.

SEC. 3. DEPUTIZING OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS.

    (a) Definitions.--In this section:
            (1) Aircraft.--The term ``aircraft'' has the meaning given 
        that term in section 40102 of title 49, United States Code.
            (2) Air transportation.--The term ``air transportation'' 
        has the meaning given that term in section 40102 of title 49, 
        United States Code.
            (3) Attorney general.--The term ``Attorney General'' means 
        the Attorney General of the United States.
    (b) Establishment of a Program To Deputized Local Law Enforcement 
Officers.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Attorney General shall--
                    (A) establish a program under which the Attorney 
                General may deputize State and local law enforcement 
                officers as Deputy United States Marshals for the 
                limited purpose of enforcing Federal laws that regulate 
                security on board aircraft, including laws relating to 
                violent, abusive, or disruptive behavior by passengers 
                of air transportation; and
                    (B) encourage the participation of law enforcement 
                officers of State and local governments in the program 
                established under subparagraph (A).
            (2) Consultation.--In establishing the program under 
        paragraph (1), the Attorney General shall consult with 
        appropriate officials of--
                    (A) the Federal Government (including the 
                Administrator of the Federal Aviation Administration or 
                a designated representative of the Administrator); and
                    (B) State and local governments in any geographic 
                area in which the program may operate.
            (3) Training and background of law enforcement officers.--
                    (A) In general.--Under the program established 
                under this subsection, to qualify to serve as a Deputy 
                United States Marshal under the program, a State or 
                local law enforcement officer shall--
                            (i) meet the minimum background and 
                        training requirements for a law enforcement 
                        officer under part 107 of title 14, Code of 
                        Federal Regulations (or equivalent requirements 
                        established by the Attorney General); and
                            (ii) receive approval to participate in the 
                        program from the State or local law enforcement 
                        agency that is the employer of that law 
                        enforcement officer.
                    (B) Training not federal responsibility.--The 
                Federal Government shall not be responsible for 
                providing to a State or local law enforcement officer 
                the training required to meet the training requirements 
                under subparagraph (A)(i). Nothing in this subsection 
                may be construed to grant any such law enforcement 
                officer the right to attend any institution of the 
                Federal Government established to provide training to 
                law enforcement officers of the Federal Government.
    (c) Powers and Status of Deputized Law Enforcement Officers.--
            (1) In general.--Subject to paragraph (2), a State or local 
        law enforcement officer that is deputized as a Deputy United 
        States Marshal under the program established under subsection 
        (b) may arrest and apprehend an individual suspected of 
        violating any Federal law described in subsection (b)(1)(A), 
        including any individual who violates a provision subject to a 
        civil penalty under section 46301 of title 49, United States 
        Code, or section 46302, 46303, 46504, 46505, or 46507 of that 
        title, or who commits an act described in section 46506 of that 
        title.
            (2) Limitation.--The powers granted to a State or local law 
        enforcement officer deputized under the program established 
        under subsection (b) shall be limited to enforcing Federal laws 
        relating to security on board aircraft in flight.
            (3) Status.--A State or local law enforcement officer that 
        is deputized as a Deputy United States Marshal under the 
        program established under subsection (b) shall not--
                    (A) be considered to be an employee of the Federal 
                Government; or
                    (B) receive compensation from the Federal 
                Government by reason of service as a Deputy United 
                States Marshal in the program.
    (d) Statutory Construction.--Nothing in this section may be 
construed to--
            (1) grant a State or local law enforcement officer that is 
        deputized under the program under subsection (b) the power to 
        enforce any Federal law that is not described in subsection 
        (c); or
            (2) limit the authority that a State or local law 
        enforcement officer may otherwise exercise in the capacity 
        under any other applicable State or Federal law.
    (e) Regulations.--The Attorney General may promulgate such 
regulations as may be necessary to carry out this section.
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