text: 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.
target: 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.
feat_title: A bill to protect employees of air carriers who serve as whistleblowers under applicable Federal law, or who refuse to violate an applicable law, and for other purposes.