‘‘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 has been discharged or other-
wise discriminated against by a person in violation
of subsection (a) may, within 180 days after such
violation occurs, file (or have any person file on his
behalf) a complaint with the Secretary of Labor al-
leging such discharge or discrimination. Upon re-
ceipt of such a complaint, the Secretary of Labor
shall notify the person named in the complaint and
the Administrator of the Federal Aviation Adminis-
tration of the filing of the complaint, of the allega-
tions contained in the complaint, of the substance of
evidence supporting the complaint, and of the oppor-
tunities which will be afforded to such person 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
former position together with the com-
pensation (including back pay), terms, con-
ditions, and privileges associated with his
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
Court of Appeals for the circuit in which the
violation, with respect to which the order was
issued, allegedly occurred or the circuit in which
the complainant resided on the date of such vio-
lation. The petition for review must be filed
within 60 days from the issuance of the order
of the Secretary of Labor. Review shall conform
to chapter 7 of title 5, United States Code. The
commencement of proceedings under this sub-
paragraph shall not, unless ordered by the
court, operate as a stay of the order.
‘‘(B) LIMITATION
ON
COLLATERAL
AT-
TACK.—An order of the Secretary of Labor
with respect to which review could have been
obtained under subparagraph (A) shall not be
subject to judicial review in any criminal or
other civil proceeding.
‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY
OF LABOR.—Whenever a person has failed to comply
with an order issued under paragraph (3), the Sec-
retary of Labor may file a civil action in the United
States district court for the district in which the vio-
lation was found to occur to enforce such order. In
actions brought under this paragraph, the district
courts shall have jurisdiction to grant all appropriate
relief including, but not limited to, injunctive relief
and compensatory damages.
‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.—
‘‘(A) COMMENCEMENT OF ACTION.—A per-
son on whose behalf an order was issued under
paragraph (3) may commence a civil action
against the person to whom such order was is-
sued to require compliance with such 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 such order.
‘‘(B) ATTORNEY FEES.—The court, in is-
suing any final order under this paragraph,
may award costs of litigation (including reason-
able attorney and expert witness fees) to any
party whenever the court determines such
award is appropriate.
‘‘(c) MANDAMUS.—Any nondiscretionary duty im-
posed by this section shall be enforceable in a mandamus
proceeding brought under section 1361 of title 28, United
States Code.
‘‘(d) NONAPPLICABILITY
TO DELIBERATE VIOLA-
TIONS.—Subsection (a) of this section shall not apply with
respect to an employee of an air carrier who, acting with-
out direction from such air carrier (or such air carrier’s
agent), deliberately causes a violation of any requirement
relating to air carrier safety under this subtitle or any
other law of the United States.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by add-
ing at the end the following:
‘‘SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM
‘‘42121. Protection of employees providing air safety information.’’.
SEC. 3. 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’’.
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