I
105TH CONGRESS
1ST SESSION
H. R. 915
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 4, 1997
Mr. BOEHLERT (for himself and 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 infor-
mation.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Aviation Safety Protec-
tion Act of 1997’’.
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
‘‘§ 42121. Protection of employees providing air safety
information
‘‘(a) DISCRIMINATION AGAINST AIRLINE EMPLOY-
EES.—No air carrier or contractor or subcontractor of an
air carrier may discharge an employee or otherwise dis-
criminate against an employee with respect to compensa-
tion, terms, conditions, or privileges of employment be-
cause 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 Fed-
eral 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 as-
sist or participate in such a proceeding.
‘‘(b) DEPARTMENT OF LABOR COMPLAINT PROCE-
DURE.—
‘‘(1) FILING
AND
NOTIFICATION.—A person
who believes that he or she has been discharged or
otherwise discriminated against by a person in viola-
tion of subsection (a) may, within 180 days after
such violation occurs, file (or have any person file on
his or her 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 com-
plaint and the Administrator of the Federal Aviation
Administration of the filing of the complaint, of the
allegations contained in the complaint, of the sub-
stance of evidence supporting the complaint, and of
the opportunities which will be afforded to such per-
son 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 com-
plaint and an opportunity to meet with a representa-
tive of the Secretary to present statements from wit-
nesses, the Secretary of Labor shall conduct an in-
vestigation and determine whether there is reason-
able 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 con-
cludes 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 pre-
scribed 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 con-
ducted 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; SETTLE-
MENT
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 para-
graph 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 viola-
tion.
‘‘(B) REMEDY.—If, in response to a com-
plaint filed under paragraph (1), the Secretary
of Labor determines that a violation of sub-
section (a) has occurred, the Secretary of Labor
shall order the person who committed such vio-
lation to—
‘‘(i) take affirmative action to abate
the violation;
‘‘(ii) reinstate the complainant to his
or her former position together with the
compensation (including back pay), terms,
conditions, and privileges associated with
his or her 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 ex-
penses (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 com-
plaint 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 reason-
able 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 ob-
tain review of the order in the United States