H. R. 1000—92
may not include costs attributable to the acquisition of
aeronautical data.
‘‘(2) PUBLICATION OF PRICES.—The Administrator shall pub-
lish annually the prices at which aeronautical products are
sold to the public.
‘‘(3) DISTRIBUTION.—The Administrator may distribute
aeronautical products and provide aeronautical services—
‘‘(A) without charge to each foreign government or
international organization with which the Administrator
or a Federal department or agency has an agreement for
exchange of these products or services without cost;
‘‘(B) at prices the Administrator establishes, to the
departments and officers of the United States requiring
them for official use; and
‘‘(C) at reduced or no charge where, in the judgment
of the Administrator, furnishing the aeronautical product
or service to a recipient is a reasonable exchange for vol-
untary contribution of information by the recipient to the
activities under this section.
‘‘(4) FEES.—The fees provided for in this subsection are
for the purpose of reimbursing the Government for the costs
of creating, printing and disseminating aeronautical products
and services under this section. The collection of fees authorized
by this section does not alter or expand any duty or liability
of the Government under existing law for the performance
of functions for which fees are collected, nor does the collection
of fees constitute an express or implied undertaking by the
Government to perform any activity in a certain manner.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis of chapter
447 is amended by striking the item relating to section 44721
and inserting the following:
‘‘44721. Aeronautical charts and related products and services.’’.
SEC. 604. SAVINGS PROVISION.
(a) CONTINUED EFFECTIVENESS
OF DIRECTIVES.—All orders,
determinations, rules, regulations, permits, contracts, certificates,
licenses, privileges, and financial assistance that—
(1) have been issued, made, granted, or allowed to become
effective by the President of the United States, the Secretary
of Commerce, the Administrator of the National Oceanic and
Atmospheric Administration, any Federal agency or official
thereof, or by a court of competent jurisdiction, in the perform-
ance of functions which are transferred by this title; and
(2) are in effect on the date of transfer,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with
law by the President of the United States, the Administrator of
the Federal Aviation Administration, a court of competent jurisdic-
tion, or by operation of law.
(b) CONTINUED EFFECTIVENESS OF PENDING ACTIONS.—
(1) IN GENERAL.—The provisions of this title shall not affect
any proceedings, including notices of proposed rulemaking, or
any application for any license, permit, certificate, or financial
assistance pending on the date of transfer before the Depart-
ment of Commerce or the National Oceanic and Atmospheric
Administration, or any officer of such Department or Adminis-
tration, with respect to functions transferred by this title, but
H. R. 1000—93
such proceedings or applications, to the extent that they relate
to functions transferred, shall be continued in accord with
transition guidelines promulgated by the Administrator of the
Federal Aviation Administration under the authority of this
section. Orders issued in any such proceedings shall continue
in effect until modified, terminated, superseded, or revoked
by the Administrator of the Federal Aviation Administration,
by a court of competent jurisdiction, or by operation of law.
Nothing in this subsection prohibits the discontinuance or modi-
fication of any such proceeding under the same terms and
conditions and to the same extent that such proceeding could
have been discontinued or modified if this title had not been
enacted.
(2) TRANSITION GUIDELINES.—The Secretary of Commerce,
the Administrator of the National Oceanic and Atmospheric
Administration, and the Administrator of the Federal Aviation
Administration are authorized to issue transition guidelines
providing for the orderly transfer of proceedings and otherwise
to accomplish the orderly transfer of functions, personnel and
property under this title.
(c) CONTINUED EFFECTIVENESS OF JUDICIAL ACTIONS.—No cause
of action by or against the Department of Commerce or the National
Oceanic and Atmospheric Administration with respect to functions
transferred by this title, or by or against any officer thereof in
the official’s capacity, shall abate by reason of the enactment of
this title. Causes of action and actions with respect to a function
or office transferred by this title, or other proceedings may be
asserted by or against the United States or an official of the Federal
Aviation Administration, as may be appropriate, and, in an action
pending when this title takes effect, the court may at any time,
on its own motion or that of any party, enter an order that will
give effect to the provisions of this subsection.
(d) SUBSTITUTION
OR
ADDITION
OF
PARTIES
TO
JUDICIAL
ACTIONS.—If, on the date of transfer, the Department of Commerce
or the National Oceanic and Atmospheric Administration, or any
officer of the Department or Administration in an official capacity,
is a party to an action, and under this title any function relating
to the action of the Department, Administration, or officer is trans-
ferred to the Federal Aviation Administration, then such action
shall be continued with the Administrator of the Federal Aviation
Administration substituted or added as a party.
(e) CONTINUED JURISDICTION OVER ACTIONS TRANSFERRED.—
Orders and actions of the Administrator of the Federal Aviation
Administration in the exercise of functions transferred by this title
shall be subject to judicial review to the same extent and in the
same manner as if such orders and actions had been by the Depart-
ment of Commerce or the National Oceanic and Atmospheric
Administration, or any office or officer of such Department or
Administration, in the exercise of such functions immediately pre-
ceding their transfer.
(f ) LIABILITIES AND OBLIGATIONS.—The Administrator of the
Federal Aviation Administration shall assume all liabilities and
obligations (tangible and incorporeal, present and executory) associ-
ated with the functions transferred under this title on the date
of transfer, including leases, permits, licenses, contracts, agree-
ments, claims, tariffs, accounts receivable, accounts payable, finan-
cial assistance, and litigation relating to such obligations, regardless
H. R. 1000—94
whether judgment has been entered, damages awarded, or appeal
taken.
SEC. 605. NATIONAL OCEAN SURVEY.
(a) CHARTS AND PUBLICATIONS.—Section 2 of the Act entitled
‘‘An Act to define the functions and duties of the Coast and Geodetic
Survey, and for other purposes’’, approved August 6, 1947 (33
U.S.C. 883b), is amended—
(1) by striking paragraphs (3) and (5), and redesignating
paragraphs (4) and (6) as paragraphs (3) and (4), respectively;
(2) by striking ‘‘charts of the United States, its Territories,
and possessions;’’ in paragraph (3), as redesignated, and
inserting ‘‘charts;’’; and
(3) by striking ‘‘publications for the United States, its Terri-
tories, and possessions’’ in paragraph (4), as redesignated, and
inserting ‘‘publications’’.
(b) COOPERATIVE
AND OTHER AGREEMENTS.—Section 5(1) of
such Act (33 U.S.C. 883e(1)) is amended—
(1) by striking ‘‘cooperative agreements’’ and inserting
‘‘cooperative agreements, or any other agreements,’’; and
(2) in paragraph (2) by striking ‘‘cooperative’’.
SEC. 606. SALE AND DISTRIBUTION OF NAUTICAL AND AERONAUTICAL
PRODUCTS BY NOAA.
(a) IN GENERAL.—Section 1307 of title 44, United States Code,
is amended—
(1) in the section heading by striking ‘‘and aeronautical’’;
and
(2) by striking ‘‘and aeronautical’’ and ‘‘or aeronautical’’
each place they appear.
(b) PRICES.—Section 1307(a)(2)(B) of such title is amended by
striking ‘‘aviation and’’.
(c) FEES.—Section 1307(d) of such title 44 is amended by
striking ‘‘aeronautical and’’.
(d) CONFORMING AMENDMENT.—The analysis for chapter 13
of title 44, United States Code, is amended in the item relating
to section 1307 by striking ‘‘and aeronautical’’.
SEC. 
607. 
PROCUREMENT 
OF 
PRIVATE 
ENTERPRISE 
MAPPING,
CHARTING, AND GEOGRAPHIC INFORMATION SYSTEMS.
The Administrator shall consider procuring mapping, charting,
and geographic information systems necessary to carry out the
duties of the Administrator under title 49, United States Code,
from private enterprises, if the Administrator determines that such
procurement furthers the mission of the Federal Aviation Adminis-
tration and is cost effective.
TITLE VII—MISCELLANEOUS
PROVISIONS
SEC. 701. DUTIES AND POWERS OF ADMINISTRATOR.
Section 106(g)(1)(A) is amended by striking ‘‘40113(a), (c), and
(d),’’ and all that follows through ‘‘45302–45304,’’ and inserting
‘‘40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119,
chapter 445 (except sections 44501(b), 44502(a)(2), 44502(a)(3),
44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515), chapter
H. R. 1000—95
447 (except sections 44717, 44718(a), 44718(b), 44719, 44720,
44721(b), 44722, and 44723), chapter 449 (except sections 44903(d),
44904, 44905, 44907–44911, 44913, 44915, and 44931–44934),
chapter 451, chapter 453, sections’’.
SEC. 702. PUBLIC AIRCRAFT.
(a) DEFINITION OF PUBLIC AIRCRAFT.—Section 40102(a)(37) is
amended to read as follows:
‘‘(37) ‘public aircraft’ means any of the following:
‘‘(A) Except with respect to an aircraft described in
subparagraph (E), an aircraft used only for the United
States Government, except as provided in section 40125(b).
‘‘(B) An aircraft owned by the Government and oper-
ated by any person for purposes related to crew training,
equipment development, or demonstration, except as pro-
vided in section 40125(b).
‘‘(C) An aircraft owned and operated by the government
of a State, the District of Columbia, or a territory or posses-
sion of the United States or a political subdivision of one
of these governments, except as provided in section
40125(b).
‘‘(D) An aircraft exclusively leased for at least 90
continuous days by the government of a State, the District
of Columbia, or a territory or possession of the United
States or a political subdivision of one of these govern-
ments, except as provided in section 40125(b).
‘‘(E) An aircraft owned or operated by the armed forces
or chartered to provide transportation to the armed forces
under the conditions specified by section 40125(c).’’.
(b) QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS.—
(1) IN GENERAL.—Chapter 401 is further amended by
adding at the end the following:
‘‘§ 40125. Qualifications for public aircraft status
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) COMMERCIAL PURPOSES.—The term ‘commercial pur-
poses’ means the transportation of persons or property for
compensation or hire, but does not include the operation of
an aircraft by the armed forces for reimbursement when that
reimbursement is required by any Federal statute, regulation,
or directive, in effect on November 1, 1999, or by one govern-
ment on behalf of another government under a cost reimburse-
ment agreement if the government on whose behalf the oper-
ation is conducted certifies to the Administrator of the Federal
Aviation Administration that the operation is necessary to
respond to a significant and imminent threat to life or property
(including natural resources) and that no service by a private
operator is reasonably available to meet the threat.
‘‘(2) GOVERNMENTAL FUNCTION.—The term ‘governmental
function’ means an activity undertaken by a government, such
as national defense, intelligence missions, firefighting, search
and rescue, law enforcement (including transport of prisoners,
detainees, and illegal aliens), aeronautical research, or
biological or geological resource management.