article: SECTION 1. WHISTLEBLOWER PROTECTION. (a) Definitions.--In this section: (1) Air carrier.--The term ``air carrier'' has the meaning given that term in section 40102 of title 49, United States Code. (2) Covered proceeding.--The term ``covered proceeding'' means a proceeding conducted by the Secretary of Transportation or the Administrator of the Federal Aviation Administration to carry out a function of the Department of Transportation. (3) Employee.--The term ``employee'' means-- (A) an applicant that applies for employment by an air carrier, employee, or former employee of an air carrier; and (B) includes a contractor or subcontractor of the Federal Aviation Administration carrying out a function of the Department of Transportation or of a contractor or subcontractor of an air carrier. (4) Related action.--The term ``related action'' means the actions of an employee to-- (A) notify an employer or the Secretary of Transportation of an alleged violation of title 49, United States Code; (B) refuse to engage in any practice that the employee reasonably believes constitutes a violation of law (including a rule or regulation); (C) testified before Congress or at any Federal or State proceeding regarding any provision of title 49, United States Code; (D) commences, acts with the intention of commencing, or causes to be commenced a proceeding under title 49, United States Code; (E) testified or is about to testify in any such proceeding; or (F) assisted or participated or is about to participate in any manner in such a proceeding or in any other manner in such a proceeding or in any other action to carry out the purposes of title 49, United States Code. (b) Whistleblower Protection.-- (1) Limitation on liability.--No employee shall be liable by reason of an activity described in subparagraph (A), (B), or (C) of paragraph (2). (2) Employees described.--An employee described in this paragraph is an employee who, in a manner consistent with applicable law-- (A) commences, acts with the intention of commencing, or causes to be commenced a covered proceeding; (B) testifies or acts with the intention of testifying at a covered proceeding or with respect to a related action; (C) assists with or participates in or acts with the intention of assisting or participating in a covered proceeding; or (D) carries out a related action. (3) Refusal to violate law.--No employee shall be liable for refusing to violate or assist in the violation of any law (including any rule or regulation) in the course of employment, if the refusal is based on a reasonable belief that the law would be violated. (4) Prohibition on discrimination.--No air carrier, contractor, or subcontractor covered under this section may discriminate against an employee described in paragraph (2). (c) Procedures and Penalties.-- (1) Filing of complaints and procedures.-- (A) In general.--An employee alleging discrimination (including discharge, discipline, or reassignment) in violation of subsection (b) or another person at the employee's request, may file a complaint with the Secretary of Labor not later than 180 days after the alleged violation occurs. (B) Procedures.-- (i) In general.--The Secretary of Labor may issue a subpoena for the attendance and testimony of any person and the production of documentary or other evidence from any person if the testimony or production requested is not unduly burdensome and appears reasonably calculated to lead to the discovery of admissible evidence. (ii) Procedures.--Subject to paragraph (4), in carrying out this subsection, the Secretary of Labor shall, with respect to a complaint described in subparagraph (A), use the same procedures for filing complaints, conducting investigations, holding hearings, and issuing orders as are applicable to drivers of commercial motor vehicles under section 31105(b) of title 49, United States Code. (C) Burden of proof.-- (i) In general.--The Secretary of Labor shall dismiss a complaint filed under subparagraph (A), and shall not conduct the investigation or provide relief after completion of the procedures required under subparagraph (B), unless the complainant has made a prima facie showing that any behavior described in subsection (b) (2) or (3) was a contributing factor in the discrimination (including discharge or discipline) alleged in the complaint. (ii) Demonstration by employer.-- Notwithstanding a finding by the Secretary that the complainant has made a showing required under clause (i), no investigation required or relief available under subparagraph (B) shall be carried out or made available if the employer demonstrates, by clear and convincing evidence, that it would have taken the same unfavorable personnel action for legitimate, independent reasons in the absence of such behavior. (D) Penalties.--The penalties contained in section 31105(b) of title 49, United States Code, shall apply to persons who violate subsection (b) of this section in the same manner as those penalties apply to persons who violate section 31105(a) of title 49, United States Code. (2) Judicial review and venue.--A person adversely affected by an order issued pursuant to paragraph (1)(B) may seek judicial review in the same manner as is prescribed in section 31105(c) of title 49, United States Code. The court in issuing any final order under this paragraph may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such award is appropriate. (3) Civil actions.--If a person fails to comply with an order issued pursuant to paragraph (1), the Secretary of Labor shall bring a civil action to enforce the order in the district court of the United States for the judicial district in which the violation occurred. (4) Alternative procedures.--Upon filing a complaint under this subsection, with the mutual consent of the parties, the Secretary of Labor may provide for mediation or arbitration in a manner consistent with applicable law, in lieu of conducting a hearing and issuing an order under the procedures contained in section 31105(b) of title 49, United States Code. SEC. 2. WHISTLEBLOWER PROTECTION FOR FAA EMPLOYEES. Section 347(b)(1) of the Department of Transportation and Related Agencies Appropriations Act, 1996 (49 U.S.C. 106 note; 109 Stat. 460) is amended by inserting before the semicolon at the end the following: ``, including the provisions for investigation, adjudication, and enforcement as provided for in chapters 12 and 77 of title 5, United States Code''. SEC. 3. PROTECTION AGAINST OVERBROAD RESTRICTIONS ON DISCLOSURES. (a) Prohibition.-- (1) In general.--No employer may spend funds to implement or enforce the agreements in Standard Forms 312 and 4355 of the Federal Government or any other nondisclosure policy, form, or agreement if such policy, form, or agreement does not contain the following statement: ``These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United States Code, (governing disclosures to Congress by members of the military); section 2302(b)(8) of title 5, United States Code (governing disclosures of illegality, waste, fraud, abuse, or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosures which may compromise the national security, including sections 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by such Executive order and such provisions are incorporated into this Agreement and are controlling.''. (2) Intelligence activities.--Notwithstanding the paragraph (1), a nondisclosure policy, form, or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose classified information received in the course of such activity unless specifically authorized to do so by the United States Government. (3) Violations of law.--Nondisclosure agreements or forms described in paragraph (1) shall clarify that such agreements do not bar disclosures to Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law. (b) Civil Actions.--An employee, former employee, or applicant for employment to which this section applies may, with respect to an action for a violation of section 7211 or 7212 of title 49, United States Code, that is taken, threatened, or proposed to be taken against such employee, former employee, or applicant for employment, bring a civil action for a jury trial in the appropriate district court of the United States for relief. (c) Procedures.--In any action brought under subsection (b)-- (1) the matter shall be reviewed de novo by the court; and (2) the proceeding shall be governed by the legal burdens of proof in sections 1214(b)(4)(B) and 1221(e) of title 5, United States Code.
summary: Provides for whistleblower protections for airline employees. (Sec. 1) Declares that no airline employee (including a contractor or subcontractor of the Federal Aviation Administration (FAA) or of an air carrier) shall be liable: (1) for commencing, testifying at, or participating in, a proceeding conducted by the Secretary of Transportation or the Administrator of the FAA or a related action; or (2) for refusing to violate or assist in the violation of any law or regulation in the course of employment, if such refusal is based on a reasonable belief that the law would be violated. Prohibits an air carrier, contractor, or subcontractor from discriminating against such an employee. Sets forth Department of Labor complaint procedures for employees alleging discrimination (including discharge, discipline, or reassignment) in violation of this Act. Sets forth civil penalties for violation of such employee protections. Provides for judicial review for persons adversely affected by an order issued by the Secretary of Labor. (Sec. 2) Amends the Department of Transportation and Related Agencies Appropriations Act, 1996 to provide for the investigation, adjudication, and enforcement of whistleblower protections for FAA employees. (Sec. 3) Prohibits an employer from spending funds to implement or enforce certain agreements in Standard Forms 312 and 4355 of the Federal Government or any other nondisclosure policy, form, or agreement, if such policy, form, or agreement does not contain certain statements regarding employee protections with respect to certain disclosures. Authorizes a nondisclosure policy, form, or agreement that is executed by a person connected with the conduct of an intelligence or intelligence-related activity (other than a Government employee or officer) to contain provisions appropriate to the particular activity for which such document is to be used. Requires such agreement, at a minimum, to require that the person will not disclose classified information received in the course of such activity unless specifically authorized to do so by the Government. Requires such nondisclosure agreements to clarify that they do not bar disclosures to the Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law. Authorizes an airline employee, former employee, or applicant for employment that has been discriminated against in violation of certain whistleblower protections to bring a civil action for relief in the appropriate U.S. district court.