Aviation Safety Protection Act - Amends Federal transportation law to establish a whistleblower protection program for airline employees providing air safety information.
Prohibits air carriers, contractors, and subcontractors from discharging or otherwise discriminating against an employee as to pay, terms, conditions, or privileges of employment because the employee: (1) is about to provide or has provided to the Federal Government information relating to any violation of a Federal Aviation Administration (FAA) order, regulation, or standard, or any other Federal law relating to air carrier safety; or (2) is about to file or has filed a proceeding, or testified, or otherwise participated in a proceeding relating to such violations.
Sets forth a Department of Labor complaint procedure for persons who believe they have been discharged or discriminated against in violation of this Act.
Specifies civil penalties for violation of this Act.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 953 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 953
To amend title 49, United States Code, to provide for the protection of
employees providing air safety information.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 3, 1999
Mr. Boehlert (for himself, Mr. Clyburn, Mr. Holden, Mr. Weygand, Mr.
Delahunt, Mr. Mascara, Mr. Wise, Mr. Meeks of New York, Mr. Filner, Mr.
Costello, Ms. Carson, Mr. Sherman, Mr. Smith of Washington, Ms. Danner,
Mr. Stupak, Mr. Frost, Mr. Payne, Ms. Waters, Mr. Hinchey, Mr. McNulty,
Mr. Quinn, Mr. Metcalf, Mr. Kucinich, Mr. Farr of California, Mr.
Martinez, Mr. Bonior, Mr. Inslee, Ms. DeLauro, Mr. Horn, Mr. Stark, Mr.
Gejdenson, Mr. Pombo, Mrs. McCarthy of New York, Mr. Frank of
Massachusetts, Mr. Evans, Mr. LoBiondo, Mrs. Lowey, Mr. McGovern, Mrs.
Clayton, Mr. Mica, Mr. Towns, Mr. Olver, Mr. Nadler, Mr. Doyle, Ms.
Lee, Mr. Blagojevich, Mr. Klink, Mr. Traficant, Mr. Sanders, Mr. Rush,
Mr. Snyder, Mr. Barcia, Ms. Kilpatrick, Mr. Tierney, Mr. Rangel, Mrs.
Tauscher, Mrs. Thurman, Ms. Brown of Florida, Mr. Gutierrez, Mr.
Forbes, Mr. DeFazio, Mr. Pascrell, and Mr. Rothman) 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 for the protection of
employees providing 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''.
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
paragraph (1) 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 such
title 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 such title is amended
by striking ``subchapter II of chapter 421,'' and inserting
``subchapter II or III of chapter 421,''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Aviation.
For Further Action See H.R.1000.
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