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Ex Input:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Improving Physician Access in
Teaching Hospitals (PATH) Act of 2011''.

SEC. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY SLOTS.

Section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is
amended--
(1) in paragraph (7)(E), by inserting ''paragraph (9),''
after ''paragraph (8),''; and
(2) by adding at the end the following:
''(9) Distribution of additional residency positions.--
''(A) Reductions in limit based on unused
positions.--
''(i) In general.--Except as provided in
clause (ii), if a hospital's resident level (as
defined in paragraph (7)(C)(i)) for each of the
5 most recent cost reporting periods (ending
before the date of the enactment of this
paragraph) of the hospital for which a cost
report has been settled (or, if not, submitted
subject to audit) as determined by the
Secretary is less than the otherwise applicable
resident limit (as defined in paragraph
(8)(H)(iii)), effective for portions of cost
reporting periods occurring on or after the
paragraph (9) effective date (as defined in
subparagraph (E)), the otherwise applicable
resident limit shall be reduced by the
difference between such otherwise applicable
resident limit and the highest such reference
resident level for any of such 5 cost reporting
periods.
''(ii) Exception.--Clause (i) shall not
apply to--
''(I) a hospital located in a rural
area with fewer than 250 beds; or
''(II) a hospital that has had in
effect a voluntary residency reduction
plan under paragraph (6) or pursuant to
section 402 of Public Law 90-248.
''(B) Requirements for additional residency
slots.--
''(i) In general.--The Secretary shall
increase the otherwise applicable resident
limit for hospitals that submit an application
under this subparagraph by such number as the
Secretary may approve for portions of cost
reporting periods occurring on or after the
paragraph (9) effective date. The aggregate
number of increases in the otherwise applicable
resident limit under this subparagraph shall be
equal to the sum of--
''(I) the aggregate reduction in
such limits attributable to
subparagraph (A) (as estimated by the
Secretary); and
''(II) 1,000 for portions of cost
reporting periods occurring during the
12-month period beginning on the
paragraph (9) effective date, 1,000
additional positions for portions of
cost reporting periods occurring during
the 12-month period beginning 1 year
after such effective date, 1,000
additional positions for portion of
cost reporting period occurring during
the 12-month period beginning 2 years
after such effective date, and such
number of additional positions for
portions of the 2 subsequent cost
reporting periods as the Secretary may
determine necessary to support
residency training programs in
specialities that exceed 3 years.
''(ii) Consideration in redistribution.--In
determining for which hospitals the increase in
the otherwise applicable resident limit is
provided under this subparagraph, the Secretary
shall take into account--
''(I) data provided by the Health
Resources and Services Administration
as a national standard to exhibit a
specific demand in the health care
workforce, as well as the
Administration's projected demand and
supply for physicians in the specialty
of medicine involved; and
''(II) the demonstrated likelihood
of the hospital filling positions made
available under this paragraph within
the first 3 cost reporting periods
beginning on or after the paragraph (9)
effective date.
The Secretary shall give special consideration
for up to 25 additional positions in the case
of a hospital that demonstrates the likelihood
of filing such positions during the first cost
reporting period beginning on or after such
effective date.
''(iii) Limitation.--In no case shall the
number of additional positions made available
to a hospital under this paragraph exceed 25 in
the first cost reporting period or 75 for all
cost reporting periods.
''(C) Priority for additional positions resulting
from hospital closures.--With respect to additional
positions described in subparagraph (B)(i)(I) which are
derived from a reduction in limits under subparagraph
(A) for a hospital that closed (in this subparagraph
referred to as a 'closed hospital'), the Secretary
shall distribute the increase to hospitals in the
following priority order:
''(i) First, to other hospitals for the
program or programs under which the hospital
had a cooperative arrangement with the closed
hospital under which residents in the graduate
medical education program of the closed
hospital also rotated through the other
hospital.
''(ii) Second, to other hospitals that are
members of the same affiliated group of
hospitals as the closed hospital.
''(iii) Third, to other hospitals that are
located in the same or contiguous core-based
statistical area as the closed hospital.
''(D) Preference.--After applying subparagraph (C)
and the special consideration under subparagraph (B),
in determining for which hospitals the increase in the
otherwise applicable resident limit is provided under
subparagraph (B), the Secretary shall give preference
to hospitals--
''(i) that submit an application for new
residents in primary care and geriatric
medicine and in other specialties as determined
to be in demand under subparagraph (B)(ii)(I);
and
''(ii) that emphasize training in community
health centers and other community-based or
hospital-sponsored clinics, and private
physicians' offices, including physician
groups.
''(E) Paragraph (9) effective date defined.--In
this paragraph, the term 'paragraph (9) effective date'
means July 1 of the year that begins after the date of
the enactment of this paragraph.
''(F) Affiliation.--The provisions of this
paragraph shall be applied to hospitals which are
members of the same affiliated group (as defined by the
Secretary under paragraph (4)(H)(ii)) and the reference
resident level for each such hospital with respect to
the cost reporting period that results in the smallest
difference between the reference resident level and the
otherwise applicable resident limit.''.

SEC. 3. EXPANDING PRIMARY CARE BONUS TO CERTAIN UNDERSERVED
SPECIALTIES.

(a) In General.--Section 1833(x)(2)(A) of the Social Security Act
(42 U.S.C. 1395l(x)(2)(A)) is amended--
(1) in clause (i)--
(A) by striking ''or'' at the end of subclause (I);
(B) by striking ''and'' at the end of subclause
(II) and inserting ''or''; and
(C) by adding at the end the following new
subclause:
''(III) is a physician (as
described in section 1861(r)(1)) who is
in an underserved specialty, such as
psychiatry or neurology, as specified
by the Secretary, or other specialty
identified by the Secretary to be in
demand; and''; and
(2) in clause (ii), by inserting after ''(ii)'' the
following: ''in the case of an individual described in
subclause (I) or (II) of clause (i),''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to payments for items and services furnished on or after January
1, 2012.

SEC. 4. SMALL PHYSICIAN PRACTICE RESIDENCY CREDIT.

(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:

''SEC. 45S. SMALL PHYSICIAN PRACTICE RESIDENCY CREDIT.

''(a) In General.--For purposes of section 38, the amount of the
small physician practice residency credit determined under this section
for any taxable year with respect to a qualified small physician
practice is the sum of the following:
''(1) Overall amount.--The per resident dollar amount
multiplied by the number of qualified teaching hospital
residents who provide services to, and are trained by, such
practice during the taxable year and who are in their first,
second, or third post-graduate year of medical residency.
''(2) Bonus.--The sum of--
''(A) 50 percent of the per resident dollar amount
multiplied by the number of such residents who are in
their first post-graduate year of medical residency
during the taxable year; and
''(B) 25 percent of the per resident dollar amount
multiplied by the average number of such residents who
are not counted under subparagraph (A) and are in their
second post-graduate year during the taxable year.
''(b) Qualified Small Physician Practice.--For purposes of this
section, the term 'qualified small physician practice' means any trade
or business of providing physicians' services (as defined in section
1861(q) of the Social Security Act), which may be a community health
center, that is owned and operated by a doctor of medicine or
osteopathy if fewer than 50 individuals are employed in such trade or
business (including new training sites) and the trade or business
includes as part of the practice the training of doctors of medicine or
osteopathy in a rotation covering at least 6 months in the taxable
year. All persons treated as a single employer under subsection (a) or
(b) or section 52 or subsection (m) or (o) of section 414 shall be
treated as a single trade or business for purposes of the preceding
sentence.
''(c) Qualified Teaching Hospital Residents.--For purposes of this
section, the term 'qualified teaching hospital resident' means any
resident (within the meaning of subparagraph (I) of section 1886(h)(5)
of the Social Security Act) in an approved medical residency training
program (as defined in subparagraph (A) of such section) which provides
services to the qualified small physician practice (while utilizing the
technologies and supplies of such practice) for a period not less
than--
''(1) 4 weeks in the case of a primary care resident (as
defined in subparagraph (H) of such section); or
''(2) 2 weeks in the case of any other resident.
''(d) Per Resident Dollar Amount.--For purposes of this section,
the term 'per resident dollar amount' means, in the case of a qualified
small physician practice that includes as part of the practice the
training of doctors of medicine or osteopathy in a rotation covering--
''(1) at least 6 months but less than 9 months in the
taxable year, $2,500; or
''(2) at least 9 months in the taxable year, $3,000.
''(e) Residents Not Taken Into Account More Than Once.--A qualified
teaching hospital resident shall be taken into account under subsection
(a) for the taxable in which the period described in subsection (c)
ends and shall not be so taken into account for any other taxable
year.''.
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) of such Code (defining current year business credit) is amended
by striking ''plus'' at the end of paragraph (35), by striking the
period at the end of paragraph (36) and inserting '', plus'', and by
adding at the end the following new paragraph:
''(37) the small physician practice residency credit
determined under section 45S(a).''.
(c) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:

''Sec. 45S. Small physician practice residency credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

Ex Output:
Improving Physician Access in Teaching Hospitals (PATH) Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act with respect to distribution of additional resident positions as they affect calculation of payments for direct graduate medical education (DME) costs.

States that, if a hospital's resident level for each of the five most recent cost reporting periods is less than the otherwise applicable resident limit, then the otherwise applicable resident limit shall be reduced by the difference between it and the highest reference resident level for any of those five cost reporting periods. Excepts from this reduction requirement a hospital: (1) located in a rural area with fewer than 250 beds, or (2) that has had in effect a voluntary residency reduction plan.

Requires the Secretary of Health and Human Services (HHS) to increase the otherwise applicable resident limit (create additional residency slots) for applicant hospitals according to a specified formula that takes into account the aggregate reduction in limits attributable to this Act.

Expands the primary care bonus to certain underserved specialties, such as psychiatry or neurology.

Amends the Internal Revenue Code to allow a small physician practice residency credit.

Ex Input:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Pension Assistance and Counseling
Act of 1999''.

SEC. 2. PENSION COUNSELING PROGRAMS.

Title VII of the Older Americans Act of 1965 (42 U.S.C. 3058 et
seq.) is amended--
(1) by redesignating subtitle C as subtitle D;
(2) by redesignating sections 761 through 764 as sections
791 through 794, respectively; and
(3) by inserting after subtitle B the following:

''Subtitle C--Pension Counseling

''SEC. 761. PENSION COUNSELING PROGRAM.

''(a) Definitions.--In this section:
''(1) Pension and other retirement benefits.--The term
'pension and other retirement benefits' means private, civil
service, and other public pensions and retirement benefits,
including benefits provided under--
''(A) the Social Security program carried out under
title II of the Social Security Act (42 U.S.C. 401 et
seq.);
''(B) the railroad retirement program carried out
under the Railroad Retirement Act of 1974 (45 U.S.C.
231 et seq.);
''(C) the government retirement benefits programs
carried out under--
''(i) the Civil Service Retirement System
set forth in subchapter III of chapter 83 of
title 5, United States Code;
''(ii) the Federal Employees Retirement
System set forth in chapter 84 of title 5,
United States Code;
''(iii) title 10, United States Code; or
''(iv) any other government retirement
system, including any Government pension plan
as such term is defined under section 9502 of
title 31, United States Code; or
''(D) the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1001 et seq.).
''(2) Pension counseling program.--The term 'pension
counseling program' means a program described in subsection
(c).
''(b) Establishment.--The Assistant Secretary shall establish and
carry out pension counseling projects. In carrying out the projects,
the Assistant Secretary shall award grants under subsection (c) and
(d).
''(c) Pension Counseling Programs.--
''(1) Use of funds.--In carrying out the projects specified
in subsection (b), the Assistant Secretary shall award grants
to eligible entities to establish programs that create or
continue a sufficient number of pension assistance and
counseling projects to provide outreach, information,
counseling, referral, and other assistance regarding pension
and other retirement benefits, and rights related to such
benefits, to individuals throughout the United States.
''(2) Award of grants.--
''(A) Type of entity.--The Assistant Secretary
shall award under this subsection--
''(i) grants to State agencies or area
agencies on aging; and
''(ii) grants to nonprofit organizations
with a proven record of providing--
''(I) services related to
retirement of older individuals; or
''(II) specific pension counseling.
''(B) Panel.--In awarding grants under this
subsection, the Assistant Secretary shall use a citizen
advisory panel that shall include representatives of
business, labor, national senior advocates, and
national pension rights advocates.
''(C) Criteria.--In awarding grants under this
subsection, the Assistant Secretary, after consultation
with the panel, shall use as criteria--
''(i) evidence of commitment of an agency
or organization to carry out a proposed pension
counseling program;
''(ii) the ability of the agency or
organization to perform effective outreach to
affected populations, particularly populations
identified as in need of special outreach;
''(iii) reliable information that the
population to be served by the agency or
organization has a demonstrable need for the
services proposed to be provided under the
program; and
''(iv) evidence of ability of the agency or
organization to provide services under the
program on a statewide or regional basis.
''(3) Application.--
''(A) In general.--To be eligible to receive a
grant under this subsection, an entity shall submit an
application to the Assistant Secretary at such time, in
such manner, and containing such information as the
Assistant Secretary may require, including, at a
minimum--
''(i) a plan for the establishment of a
pension counseling program to serve a specific
geographic area; and
''(ii) an assurance that staff members
(including volunteer staff members) have no
conflict of interest in providing the services
described in the plan.
''(B) Plan.--The plan described in subparagraph (A)
shall provide for a program that--
''(i) establishes or continues a State or
area pension counseling service;
''(ii) provides counseling (including
direct counseling and assistance to individuals
needing information) and information that may
assist individuals in establishing rights to,
obtaining, and filing claims or complaints
related to, pension and other retirement
benefits;
''(iii) provides information on sources of
pension and other retirement benefits,
including the benefits under programs described
in subsection (a)(1);
''(iv) makes referrals to legal services
and other advocacy programs;
''(v) establishes a system of referral to
Federal, State, and local departments or
agencies related to pension and other
retirement benefits;
''(vi) provides a sufficient number of
staff positions (including volunteer positions)
to ensure information, counseling, referral,
and assistance regarding pension and other
retirement benefits;
''(vii) provides training programs for
staff members, including volunteer staff
members of the programs described in subsection
(a)(1);
''(viii) makes recommendations to the
Administration, the Department of Labor, and
other Federal, State, and local agencies
concerning issues for older individuals related
to pension and other retirement benefits; and
''(ix) establishes or continues to provide
projects to provide outreach, information,
counseling, referral, and other assistance
regarding pension and other retirement
benefits, with particular emphasis on outreach
to women, minorities, and low-income retirees.
''(d) Training and Technical Assistance Program.--
''(1) Use of funds.--In carrying out the projects described
in subsection (b), the Assistant Secretary shall award a grant
to an eligible entity to establish a training and technical
assistance program to provide--
''(A) information and technical assistance to the
staffs of entities operating pension counseling
programs; and
''(B) assistance to the entities, including
assistance in designing program evaluation tools.
''(2) Eligible entity.--Entities eligible to receive grants
under this subsection include nonprofit private organizations
with records of providing national information, referral, and
advocacy in matters related to pension and other retirement
benefits.
''(3) Application.--To be eligible to receive a grant under
this subsection, an entity shall submit an application to the
Assistant Secretary at such time, in such manner, and
containing such information as the Assistant Secretary may
require.
''(e) Pension Assistance Hotline and Interagency Coordination.--The
Assistant Secretary shall enter into interagency agreements for the
establishment and operation of, and dissemination of information about,
a telephone hotline for individuals seeking outreach, information,
counseling, referral, and assistance regarding pension and other
retirement benefits, and rights related to such benefits. The Assistant
Secretary shall also enter into agreements with the Secretary of Labor
and with the heads of other Federal agencies that regulate the
provision of pension and other retirement benefits, as the Assistant
Secretary determines to be appropriate, in order to carry out this
subsection and to develop a nationwide public-private pension
assistance system.
''(f) Report to Congress.--
''(1) Preparation.--The Assistant Secretary shall prepare a
report that--
''(A) summarizes the distribution of funds
authorized for grants under this section and the
expenditure of such funds;
''(B) summarizes the scope and content of training
and assistance provided under a program carried out
under this section and the degree to which the training
and assistance can be replicated;
''(C) outlines the problems that individuals
participating in programs funded under this section
encountered concerning rights related to pension and
other retirement benefits; and
''(D) makes recommendations regarding the manner in
which services provided in programs funded under this
section can be incorporated into the ongoing programs
of State agencies, area agencies on aging, multipurpose
senior centers, and other similar entities.
''(2) Submission.--Not later than 30 months after the date
of enactment of this section, the Assistant Secretary shall
submit the report described in paragraph (1) to the Committee
on Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of
the Senate.
''(g) Administrative Expenses.--Of the funds appropriated under
subsection (h) to carry out this section for a fiscal year, not more
than $100,000 may be used by the Administration for administrative
expenses in carrying out this section.
''(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2000 through 2003.''.

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

(a) Repealer.--Section 429J of the Older Americans Act of 1965 (42
U.S.C. 3035r) is repealed.
(b) Conforming Amendment.--Subsection (b) of section 794 of the
Older Americans Act of 1965 (as redesignated in section 2(2)) is
amended by striking ''entities described in section 751(c)'' and
inserting ''persons and entities described in section 793(b)''.

Ex Output:
Specifies that such grants shall be awarded to: (1) State agencies or area agencies on aging; (2) nonprofit organizations with a proven record of providing services related to retirement of older individuals or specific pension counseling; and (3) an eligible entity to establish a training and technical assistance program to provide information and technical assistance to the staffs of entities operating pension counseling programs and assistance to such entities, including assistance in designing program evaluation tools. Makes nonprofit private organizations with records of providing national information, referral, and advocacy in matters related to pension and other retirement benefits eligible to receive training and technical assistance grants.
Requires the Assistant Secretary to enter into: (1) interagency agreements for the establishment and operation of, and dissemination of information about, a telephone hotline for individuals seeking outreach, information, counseling, referral, and assistance regarding pension and other retirement benefits, and rights related to such benefits; and (2) agreements with the Secretary of Labor and with the heads of other Federal agencies that regulate the provision of pension and other retirement benefits, as appropriate, in order to carry out this Act and to develop a nationwide public-private pension assistance system.
Authorizes appropriations.
Repeals provisions of the Act that establish pension rights demonstration projects.

Ex Input:
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 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,''.

Ex Output:
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.