[Congressional Record Volume 145, Number 77 (Wednesday, May 26, 1999)]
[Senate]
[Pages S6068-S6071]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Frist):
  S. 1139. 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; to the Committee on Commerce, Science, and 
Transportation.


  increase of civil penalties on unruly airline passengers legislation

  Mr. REID. Mr. President, years ago, when air travel was in its 
infancy, the greatest threat to passenger safety was mechanical 
failure.
  Over the last half-century, the dedication of the men and women who 
service our airlines, coupled with advances in technology and know-how, 
have made air travel the safest method of transportation we have.
  But it's not always the most convenient way to travel. As air travel 
has become safer, it has also become more popular--and more crowded.
  As all of my colleagues in this chamber well know, air travel is an 
increasingly stressful and chaotic experience, at times trying even the 
most patient among us.
  I commend my colleagues for introducing the passenger's bill of 
rights earlier this Congress, which hopefully will alleviate some of 
the stress of air travel.
  I rise today to address a different aspect of that stress, and that 
is the safety hazard created to all passengers when a passenger who 
can't control his behavior or emotions, or simply refuses to do so, 
acts in a way that jeopardizes the safety of the flight.
  Over the last few years, the number of reported incidents in which 
unruly airline passengers have interfered with flight crews, or even 
physically assaulted them, has increased dramatically and dangerously.
  One airline alone reports that the number of incidents caused by 
violent or unruly passengers more than tripled in only three years--
from 296 cases in 1994 to 921 cases in 1997.
  In 1996, the Federal Aviation Administration imposed civil penalties 
against 121 unruly passengers. In 1997, that number jumped to 195--a 
sixty percent increase in only one year.
  These incidents represent a serious threat to the safety of both 
flight crews and passengers alike.
  Today I, along with my colleague Senator Frist, am introducing a bill 
that addresses this problem.
  Briefly, my bill will allow the Secretary of Transportation to 
increase the civil penalty from its current level of $1,100, up to 
$25,000, on any airline passenger who interferes with the duties or 
responsibilities of the flight crew or cabin crew or takes any action 
that poses an imminent threat to the safety of the aircraft or other 
individuals on the aircraft.
  We need not only to punish passengers who threaten the safety of 
their passengers. We also need to give airlines the power to prevent 
particularly violent or disruptive passengers from committing similar 
acts in the future.
  When someone drives in an unsafe manner on our roads, local police 
have the power to fine them. When that someone commits the same 
offenses repeatedly, or drives in a way that is especially dangerous, 
local authorities have the power to revoke or suspend their driver's 
licenses--to take those drivers off the road.
  I think we need to do something similar with air travelers who commit 
particularly dangerous acts, or who insist on repeatedly disrupting 
airline flight crews. We need them off of our airlines, so that they do 
not have the opportunity to jeopardize the lives of other passengers in 
the future.
  The bill I am introducing today gives the Secretary of Transportation 
the authority to raise the civil penalty up to $25,000.

[[Page S6069]]

  Second, and most important, my bill would also give the Secretary of 
Transportation the authority to impose a ban of up to one year on all 
commercial air travel on passengers guilty of such incidents.
  The bill enforces this ban by making airlines which provides air 
transportation to a banned traveler liable to the Government for a 
civil penalty of up to $25,000.
  Third, this bill would give whistleblower protection to flight 
attendants who report unsafe behavior by co-workers.
  Fourth, this bill will make the investigation of in-flight incidents 
easier by giving the Attorney General the authority to deputize local 
law enforcement officials to investigate incidents when the plane 
lands, wherever it lands.
  Mr. President, everyone in this body travels extensively by air. 
Every time we get into an airline, we put our lives in the hands of the 
hardworking men and women who staff our airlines.
  When we, or any other American, gets on an airplane, we should be 
able to sit back and relax, confident in the knowledge that those men 
and women can perform the jobs they were trained to do without 
interference by unreasonable or violent passengers.
  We should also be able to board an airline secure in the knowledge 
that the man or woman sitting in the seat next to us, doesn't have an 
extensive history of violent or disruptive behavior on airplanes.
  We should also have the security of knowing that if a passenger does 
choose to commit a particularly unruly or violent act that threatens 
the safety of other passengers or the flight crew, that passenger won't 
be able to get on another airplane tomorrow and do the same thing to 
another unsuspecting planeload of passengers.
  I urge my colleagues to join me in supporting this important bill.
  Mr. President, ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
       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)

[[Page S6070]]

     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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