H. R. 1000—84
and Transportation of the Senate on whether or not the Attorney
General intends to establish the program authorized by this section.
SEC. 513. AIR TRANSPORTATION OVERSIGHT SYSTEM.
(a) REPORT.—Not later than August 1, 2000, the Administrator
shall transmit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report on the
progress of the Federal Aviation Administration in implementing
the air transportation oversight system, including in detail the
training of inspectors under the system, the number of inspectors
using the system, air carriers subject to the system, and the budget
for the system.
(b) REQUIRED CONTENTS.—At a minimum, the report shall
indicate—
(1) any funding or staffing constraints that would adversely
impact the Administration’s ability to continue to develop and
implement the air transportation oversight system;
(2) progress in integrating the aviation safety data derived
from such system’s inspections with existing aviation data of
the Administration in the safety performance analysis system
of the Administration; and
(3) the Administration’s efforts in collaboration with the
aviation industry to develop and validate safety performance
measures and appropriate risk weightings for such system.
(c) UPDATE.—Not later than August 1, 2002, the Administrator
shall update the report submitted under this section and transmit
the updated report to the committees referred to in subsection
(a).
SEC. 514. RUNWAY SAFETY AREAS.
(a) ELIGIBILITY.—Section 47102(3)(B) (as amended by section
122 of this Act) is further amended by adding at the end the
following:
‘‘(ix) engineered materials arresting systems as
described in the Advisory Circular No. 150/5220–22
published by the Federal Aviation Administration on
August 21, 1998, including any revision to the cir-
cular.’’.
(b) SOLICITATION OF COMMENTS.—Not later than 6 months after
the date of the enactment of this Act, the Administrator shall
solicit comments on the need for the improvement of runway safety
areas through the use of engineered materials arresting systems,
longer runways, and such other techniques as the Administrator
considers appropriate.
(c) GRANTS FOR ENGINEERED MATERIALS ARRESTING SYSTEMS.—
In making grants under section 47104 of title 49, United States
Code, for engineered materials arresting systems, the Secretary
shall require the sponsor to demonstrate that the effects of jet
blasts have been adequately considered.
(d) GRANTS
FOR RUNWAY REHABILITATION.—In any case in
which an airport’s runways are constrained by physical conditions,
the Secretary shall consider alternative means for ensuring runway
safety (other than a safety overrun area) when prescribing condi-
tions for grants for runway rehabilitation.
H. R. 1000—85
SEC. 515. PRECISION APPROACH PATH INDICATORS.
Not later than 6 months after the date of the enactment of
this Act, the Administrator shall solicit comments on the need
for the installation of precision approach path indicators.
SEC. 516. AIRCRAFT DISPATCHERS.
(a) STUDY.—The Administrator shall conduct a study of the
role of aircraft dispatchers in enhancing aviation safety.
(b) CONTENTS.—The study shall include an assessment of
whether or not aircraft dispatchers should be required for those
operations not presently requiring aircraft dispatcher assistance,
operational control issues related to the aircraft dispatching func-
tions, and whether or not designation of positions within the Federal
Aviation Administration for oversight of dispatchers would enhance
aviation safety.
(c) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Administrator shall transmit to Congress
a report on the results of the study conducted under this section.
SEC. 517. IMPROVED TRAINING FOR AIRFRAME AND POWERPLANT
MECHANICS.
The Administrator shall form a partnership with industry and
labor to develop a model program to improve the curricula, teaching
methods, and quality of instructors for training individuals that
need certification as airframe and powerplant mechanics.
SEC. 518. SMALL AIRPORT CERTIFICATION.
Not later than 60 days after the date of the enactment of
this Act, the Administrator shall issue a notice of proposed rule-
making on implementing section 44706(a)(2) of title 49, United
States Code, relating to issuance of airport operating certificates
for small scheduled passenger air carrier operations. Not later
than 1 year after the last day of the period for public comment
provided for in the notice of proposed rulemaking, the Administrator
shall issue a final rule on implementing such program.
SEC. 519. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY
INFORMATION.
(a) GENERAL RULE.—Chapter 421 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 EMPLOYEES.—No air car-
rier or contractor or subcontractor of an air carrier may discharge
an employee or otherwise discriminate against an employee with
respect to compensation, terms, conditions, or privileges of employ-
ment 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
(with any knowledge of the employer) or cause to be provided
to the employer or Federal Government information relating
to any violation or alleged violation of any order, regulation,
or standard of the Federal Aviation Administration or any
H. R. 1000—86
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 (with
any knowledge of the employer) or cause to be filed a proceeding
relating to any violation or alleged violation of any order, regu-
lation, 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 is about to testify in such a proceeding;
or
‘‘(4) assisted or participated or is about to assist or partici-
pate in such a proceeding.
‘‘(b) DEPARTMENT OF LABOR COMPLAINT PROCEDURE.—
‘‘(1) FILING AND NOTIFICATION.—A person who believes that
he or she has been discharged or otherwise discriminated
against by any person in violation of subsection (a) may, not
later than 90 days after the date on which 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 Sec-
retary of Labor shall notify, in writing, the person named
in the complaint and the Administrator of the Federal Aviation
Administration of the filing of the complaint, of the allegations
contained in the complaint, of the substance of evidence sup-
porting the complaint, and of the opportunities that will be
afforded to such person under paragraph (2).
‘‘(2) INVESTIGATION; PRELIMINARY ORDER.—
‘‘(A) IN GENERAL.—Not later than 60 days after the
date of 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 writ-
ten response to the complaint and an opportunity to meet
with a representative of the Secretary to present state-
ments 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. If the Secretary of Labor concludes that there
is a reasonable cause to believe that a violation of sub-
section (a) has occurred, the Secretary shall accompany
the Secretary’s findings with a preliminary order providing
the relief prescribed by paragraph (3)(B). Not later than
30 days after the date of 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 conducted
expeditiously. If a hearing is not requested in such 30-
day period, 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
H. R. 1000—87
under this subsection and shall not conduct an inves-
tigation 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 inves-
tigation 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
SEC-
RETARY.—The Secretary may determine that a violation
of subsection (a) has occurred only if the complainant
demonstrates that any behavior described in para-
graphs (1) through (4) of subsection (a) was a contrib-
uting 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
AGREE-
MENTS.—Not later than 120 days after the date of conclu-
sion of a hearing under paragraph (2), the Secretary of
Labor shall issue a final order providing the relief pre-
scribed by this paragraph 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 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 person who committed such viola-
tion 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) and restore the terms, conditions, and privi-
leges associated with his or her employment; and
‘‘(iii) 
provide 
compensatory 
damages 
to 
the
complainant.
If such an order is issued under this paragraph, the Sec-
retary 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
expenses (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 the complaint upon which the order was issued.