H. R. 1000—88
‘‘(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 reasonable attor-
ney’s fee not exceeding $1,000.
‘‘(4) REVIEW.—
‘‘(A) APPEAL
TO
COURT
OF
APPEALS.—Any person
adversely affected or aggrieved by an order issued under
paragraph (3) may obtain review of the order in the United
States Court of Appeals for the circuit in which the viola-
tion, with respect to which the order was issued, allegedly
occurred or the circuit in which the complainant resided
on the date of such violation. The petition for review must
be filed not later than 60 days after the date of the issuance
of the final order of the Secretary of Labor. Review shall
conform to chapter 7 of title 5, United States Code. The
commencement of proceedings under this subparagraph
shall not, unless ordered by the court, operate as a stay
of the order.
‘‘(B) LIMITATION
ON
COLLATERAL
ATTACK.—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 any person has failed to comply with an order issued
under paragraph (3), the Secretary of Labor may file a civil
action in the United States district court for the district in
which the violation 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 person on whose
behalf an order was issued under paragraph (3) may com-
mence a civil action against the person to whom such
order was issued 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 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.
‘‘(c) MANDAMUS.—Any nondiscretionary duty imposed by this
section shall be enforceable in a mandamus proceeding brought
under section 1361 of title 28, United States Code.
‘‘(d) 
NONAPPLICABILITY
TO
DELIBERATE
VIOLATIONS.—
Subsection (a) shall not apply with respect to an employee of an
air carrier, contractor, or subcontractor who, acting without direc-
tion from such air carrier, contractor, or subcontractor (or such
person’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.
H. R. 1000—89
‘‘(e) CONTRACTOR DEFINED.—In this section, the term ‘con-
tractor’ means a company that performs safety-sensitive functions
by contract for an air carrier.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 421
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) is amended by
striking ‘‘subchapter II of chapter 421’’ and inserting ‘‘subchapter
II or III of chapter 421’’.
SEC. 520. OCCUPATIONAL INJURIES OF AIRPORT WORKERS.
(a) STUDY.—The Administrator shall conduct a study to deter-
mine the number of persons working at airports who are injured
or killed as a result of being struck by a moving vehicle while
on an airport tarmac, the seriousness of the injuries to such persons,
and whether or not reflective safety vests or other actions should
be required to enhance the safety of such workers.
(b) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Administrator shall transmit to Congress
a report on the results of the study conducted under this section.
TITLE VI—TRANSFER OF
AERONAUTICAL CHARTING ACTIVITY
SEC. 601. TRANSFER OF FUNCTIONS, POWERS, AND DUTIES.
Effective October 1, 2000, there are transferred to the Federal
Aviation Administration and vested in the Administrator the func-
tions, powers, and duties of the Secretary of Commerce and other
officers of the Department of Commerce that relate to the Office
of Aeronautical Charting and Cartography and are set forth in
section 44721 of title 49, United States Code.
SEC. 602. TRANSFER OF OFFICE, PERSONNEL, AND FUNDS.
(a) TRANSFER OF OFFICE.—Effective October 1, 2000, the Office
of Aeronautical Charting and Cartography of the National Oceanic
and Atmospheric Administration, Department of Commerce, is
transferred to the Federal Aviation Administration.
(b) OTHER TRANSFERS.—Effective October 1, 2000, the personnel
employed in connection with, and the assets, liabilities, contracts,
property, equipment, facilities, records, and unexpended balance
of appropriations, and other funds employed, held, used, arising
from, available to, or to be made available in connection with
the function and offices, or portions of offices, transferred by this
title, including all Senior Executive Service positions, subject to
section 1531 of title 31, United States Code, are transferred to
the Administrator of the Federal Aviation Administration for appro-
priate allocation. Personnel employed in connection with functions
transferred by this title transfer under any applicable law and
regulation relating to transfer of functions. Unexpended funds
transferred under this section shall be used only for the purposes
for which the funds were originally authorized and appropriated,
except that funds may be used for expenses associated with the
transfer authorized by this title.
H. R. 1000—90
SEC. 603. AMENDMENT OF TITLE 49, UNITED STATES CODE.
(a) IN GENERAL.—Section 44721 is amended to read as follows:
‘‘§ 44721. Aeronautical charts and related products and serv-
ices
‘‘(a) PUBLICATION.—
‘‘(1) IN GENERAL.—The Administrator of the Federal Avia-
tion Administration may arrange for the publication of aero-
nautical maps and charts necessary for the safe and efficient
movement of aircraft in air navigation, using the facilities
and assistance of departments, agencies, and instrumentalities
of the United States Government as far as practicable.
‘‘(2) NAVIGATION ROUTES.—In carrying out paragraph (1),
the Administrator shall update and arrange for the publication
of clearly defined routes for navigating through a complex ter-
minal airspace area and to and from an airport located in
such an area, if the Administrator decides that publication
of the routes would promote safety in air navigation. The routes
shall be developed in consultation with pilots and other users
of affected airports and shall be for the optional use of pilots
operating under visual flight rules.
‘‘(b) INDEMNIFICATION.—The Government shall make an agree-
ment to indemnify any person that publishes a map or chart for
use in aeronautics from any part of a claim arising out of the
depiction by the person on the map or chart of a defective or
deficient flight procedure or airway if the flight procedure or airway
was—
‘‘(1) prescribed by the Administrator;
‘‘(2) depicted accurately on the map or chart; and
‘‘(3) not obviously defective or deficient.
‘‘(c) AUTHORITY OF OFFICE OF AERONAUTICAL CHARTING AND
CARTOGRAPHY.—Effective October 1, 2000, the Administrator is
vested with and shall exercise the functions, powers, and duties
of the Secretary of Commerce and other officers of the Department
of Commerce that relate to the Office of Aeronautical Charting
and Cartography to provide aeronautical charts and related prod-
ucts and services for the safe and efficient navigation of air com-
merce, under the following authorities:
‘‘(1) Sections 1 through 9 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. 883a–883h).
‘‘(2) Section 6082 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (33 U.S.C. 883j).
‘‘(3) Section 1307 of title 44, United States Code.
‘‘(4) The provision of title II of the Departments of Com-
merce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1995 under the heading ‘National Oceanic
and Atmospheric Administration’ relating to aeronautical charts
(44 U.S.C. 1307 note).
‘‘(d) AUTHORITY.—In order that full public benefit may be
derived from the dissemination of data resulting from activities
under this section and of related data from other sources, the
Administrator may—
‘‘(1) develop, process, disseminate and publish digital and
analog data, information, compilations, and reports;
H. R. 1000—91
‘‘(2) compile, print, and disseminate aeronautical charts
and related products and services of the United States and
its territories and possessions;
‘‘(3) compile, print, and disseminate aeronautical charts
and related products and services covering international air-
space as are required primarily by United States civil aviation;
and
‘‘(4) compile, print, and disseminate nonaeronautical
navigational, transportation or public-safety-related products
and services when in the best interests of the Government.
‘‘(e) CONTRACTS, COOPERATIVE
AGREEMENTS, GRANTS, AND
OTHER AGREEMENTS.—
‘‘(1) CONTRACTS.—The Administrator is authorized to con-
tract with qualified organizations for the performance of any
part of the authorized functions of the Office of Aeronautical
Charting and Cartography when the Administrator deems such
procedure to be in the public interest and will not compromise
public safety.
‘‘(2) COOPERATIVE AGREEMENTS, GRANTS, AND OTHER AGREE-
MENTS.—The Administrator is authorized to enter into coopera-
tive agreements, grants, reimbursable agreements, memoranda
of understanding and other agreements, with a State, subdivi-
sion of a State, Federal agency, public or private organization,
or individual, to carry out the purposes of this section.
‘‘(f ) SPECIAL SERVICES AND PRODUCTS.—
‘‘(1) IN GENERAL.—The Administrator is authorized, at the
request of a State, subdivision of a State, Federal agency,
public or private organization, or individual, to conduct special
services, including making special studies, or developing special
publications or products on matters relating to navigation,
transportation, or public safety.
‘‘(2) FEES.—The Administrator shall assess a fee for any
special service provided under paragraph (1). A fee shall be
not more than the actual or estimated full cost of the service.
A fee may be reduced or waived for research organizations,
educational organizations, or non-profit organizations, when
the Administrator determines that reduction or waiver of the
fee is in the best interest of the Government by furthering
public safety.
‘‘(g) SALE AND DISSEMINATION OF AERONAUTICAL PRODUCTS.—
‘‘(1) IN GENERAL.—Aeronautical products created or main-
tained under the authority of this section shall be sold at
prices established annually by the Administrator consistent
with the following:
‘‘(A) MAXIMUM PRICE.—Subject to subparagraph (B),
the price of an aeronautical product sold to the public
shall be not more than necessary to recover all costs attrib-
utable to: (i) data base management and processing; (ii)
compilation; (iii) printing or other types of reproduction;
and (iv) dissemination of the product.
‘‘(B) ADJUSTMENT OF PRICE.—The Administrator shall
adjust the price of an aeronautical product and service
sold to the public as necessary to avoid any adverse impact
on aviation safety attributable to the price specified under
this paragraph.
‘‘(C) COSTS
ATTRIBUTABLE
TO
ACQUISITION
OF
AERO-
NAUTICAL DATA.—A price established under this paragraph