H. R. 1000—80
SEC. 507. TRANSPORTING OF HAZARDOUS MATERIAL.
Section 46312 is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘A person’’;
and
(2) by adding at the end the following:
‘‘(b) KNOWLEDGE OF REGULATIONS.—For purposes of subsection
(a), knowledge by the person of the existence of a regulation or
requirement related to the transportation of hazardous material
prescribed by the Secretary under this part is not an element
of an offense under this section but shall be considered in mitigation
of the penalty.’’.
SEC. 508. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS.
(a) FLEXIBILITY
TO
PERFORM
CRIMINAL
HISTORY
RECORD
CHECKS.—Section 44936(a)(1)(C) is amended—
(1) in clause (iii) by striking ‘‘or’’;
(2) in clause (iv) by striking the period at the end and
inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(v) the Administrator decides it is necessary to ensure
air transportation security with respect to passenger, baggage,
or property screening at airports.’’.
(b) RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.—Section
44936(f ) is amended—
(1) in paragraph (1)(B) by inserting ‘‘(except a branch of
the United States Armed Forces, the National Guard, or a
reserve component of the United States Armed Forces)’’ after
‘‘person’’ the first place it appears;
(2) in paragraph (1)(B)(ii) by striking ‘‘individual’’ the first
place it appears and inserting ‘‘individual’s performance as
a pilot’’;
(3) in paragraph (5) by striking the period at the end
of the first sentence and inserting ‘‘; except that, for purposes
of paragraph (15), the Administrator may allow an individual
designated by the Administrator to accept and maintain written
consent on behalf of the Administrator for records requested
under paragraph (1)(A).’’;
(4) in paragraph (13)—
(A) by striking ‘‘may’’ and inserting ‘‘shall’’; and
(B) before the semicolon in subparagraph (A)(i) insert
‘‘and disseminated under paragraph (15)’’;
(5) in paragraph (14)(B) by inserting ‘‘or from a foreign
government or entity that employed the individual’’ after
‘‘exists’’; and
(6) by adding at the end the following:
‘‘(15) ELECTRONIC ACCESS TO FAA RECORDS.—For the pur-
pose of increasing timely and efficient access to Federal Avia-
tion Administration records described in paragraph (1), the
Administrator may allow, under terms established by the
Administrator, an individual designated by the air carrier to
have electronic access to a specified database containing
information about such records. The terms shall limit such
access to instances in which information in the database is
required by the designated individual in making a hiring deci-
sion concerning a pilot applicant and shall require that the
designated individual provide assurances satisfactory to the
Administrator that information obtained using such access will
H. R. 1000—81
not be used for any purpose other than making the hiring
decision.’’.
SEC. 509. CRIMINAL PENALTY FOR PILOTS OPERATING IN AIR
TRANSPORTATION WITHOUT AN AIRMAN’S CERTIFICATE.
(a) IN GENERAL.—Chapter 463 is amended by adding at the
end the following:
‘‘§ 46317. Criminal penalty for pilots operating in air
transportation without an airman’s certificate
‘‘(a) GENERAL CRIMINAL PENALTY.—An individual shall be fined
under title 18 or imprisoned for not more than 3 years, or both,
if that individual—
‘‘(1) knowingly and willfully serves or attempts to serve
in any capacity as an airman operating an aircraft in air
transportation without an airman’s certificate authorizing the
individual to serve in that capacity; or
‘‘(2) knowingly and willfully employs for service or uses
in any capacity as an airman to operate an aircraft in air
transportation an individual who does not have an airman’s
certificate authorizing the individual to serve in that capacity.
‘‘(b) CONTROLLED SUBSTANCE CRIMINAL PENALTY.—
‘‘(1) CONTROLLED SUBSTANCES DEFINED.—In this subsection,
the term ‘controlled substance’ has the meaning given that
term in section 102 of the Comprehensive Drug Abuse Preven-
tion and Control Act of 1970 (21 U.S.C. 802).
‘‘(2) CRIMINAL PENALTY.—An individual violating subsection
(a) shall be fined under title 18 or imprisoned for not more
than 5 years, or both, if the violation is related to transporting
a controlled substance by aircraft or aiding or facilitating a
controlled substance violation and that transporting, aiding,
or facilitating—
‘‘(A) is punishable by death or imprisonment of more
than 1 year under a Federal or State law; or
‘‘(B) is related to an act punishable by death or impris-
onment for more than 1 year under a Federal or State
law related to a controlled substance (except a law related
to simple possession (as that term is used in section
46306(c)) of a controlled substance).
‘‘(3) TERMS OF IMPRISONMENT.—A term of imprisonment
imposed under paragraph (2) shall be served in addition to,
and not concurrently with, any other term of imprisonment
imposed on the individual subject to the imprisonment.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 463
is amended by adding at the end the following:
‘‘46317. Criminal penalty for pilots operating in air transportation without an air-
man’s certificate.’’.
SEC. 510. FLIGHT OPERATIONS QUALITY ASSURANCE RULES.
Not later than 60 days after the date of the enactment of
this Act, the Administrator shall issue a notice of proposed rule-
making to develop procedures to protect air carriers and their
employees from enforcement actions for violations of title 14, Code
of Federal Regulations, (other than criminal or deliberate acts)
that are reported or discovered as a result of voluntary reporting
programs, such as the Flight Operations Quality Assurance Pro-
gram and the Aviation Safety Action Program.
H. R. 1000—82
SEC. 511. PENALTIES FOR UNRULY PASSENGERS.
(a) IN GENERAL.—Chapter 463 (as amended by section 509
of this Act) is further amended by adding at the end the following:
‘‘§ 46318. Interference with cabin or flight crew
‘‘(a) GENERAL RULE.—An individual who physically assaults
or threatens to physically assault a member of the flight crew
or cabin crew of a civil aircraft or any other individual on the
aircraft, or takes any action that poses an imminent threat to
the safety of the aircraft or other individuals on the aircraft is
liable to the United States Government for a civil penalty of not
more than $25,000.
‘‘(b) COMPROMISE AND SETOFF.—
‘‘(1) COMPROMISE.—The Secretary may compromise the
amount of a civil penalty imposed under this section.
‘‘(2) SETOFF.—The United States Government may deduct
the amount of a civil penalty imposed or compromised under
this section from amounts the Government owes the person
liable for the penalty.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 463
is further amended by adding at the end the following:
‘‘46318. Interference with cabin or flight crew.’’.
SEC. 512. DEPUTIZING OF STATE AND LOCAL LAW ENFORCEMENT
OFFICERS.
(a) DEFINITIONS.—In this section, the following definitions
apply:
(1) AIRCRAFT.—The term ‘‘aircraft’’ has the meaning given
that term in section 40102 of title 49, United States Code.
(2) AIR TRANSPORTATION.—The term ‘‘air transportation’’
has the meaning given that term in such section.
(3) PROGRAM.—The term ‘‘program’’ means the program
established under subsection (b)(1)(A).
(b) ESTABLISHMENT OF A PROGRAM TO DEPUTIZE LOCAL LAW
ENFORCEMENT OFFICERS.—
(1) IN GENERAL.—The Attorney General may—
(A) establish a program under which the Attorney Gen-
eral may deputize State and local law enforcement officers
having jurisdiction over airports and airport authorities
as Deputy United States Marshals for the limited purpose
of enforcing Federal laws that regulate security on board
aircraft, including laws relating to violent, abusive, or
disruptive behavior by passengers in air transportation;
and
(B) encourage the participation of law enforcement offi-
cers of State and local governments in the program.
(2) CONSULTATION.—In establishing the program, the
Attorney General shall consult with appropriate officials of—
(A) the United States Government (including the
Administrator or a designated representative of the
Administrator); and
(B) State and local governments in any geographic
area in which the program may operate.
(3) TRAINING
AND
BACKGROUND
OF
LAW
ENFORCEMENT
OFFICERS.—
H. R. 1000—83
(A) IN GENERAL.—Under the program, to qualify to
serve as a Deputy United States Marshal under the pro-
gram, a State or local law enforcement officer shall—
(i) meet the minimum background and training
requirements for a law enforcement officer under part
107 of title 14, Code of Federal Regulations (or equiva-
lent requirements established by the Attorney Gen-
eral); and
(ii) receive approval to participate in the program
from the State or local law enforcement agency that
is the employer of that law enforcement officer.
(B) TRAINING
NOT
FEDERAL
RESPONSIBILITY.—The
United States Government shall not be responsible for
providing to a State or local law enforcement officer the
training required to meet the training requirements under
subparagraph (A)(i). Nothing in this subsection may be
construed to grant any such law enforcement officer the
right to attend any institution of the United States Govern-
ment established to provide training to law enforcement
officers of the United States Government.
(c) POWERS
AND STATUS
OF DEPUTIZED LAW ENFORCEMENT
OFFICERS.—
(1) IN GENERAL.—Subject to paragraph (2), a State or local
law enforcement officer that is deputized as a Deputy United
States Marshal under the program may arrest and apprehend
an individual suspected of violating any Federal law described
in subsection (b)(1)(A), including any individual who violates
a provision subject to a civil penalty under section 46301 of
title 49, United States Code, or section 46302, 46303, 46318,
46504, 46505, or 46507 of that title, or who commits an act
described in section 46506 of that title.
(2) LIMITATION.—The powers granted to a State or local
law enforcement officer deputized under the program shall
be limited to enforcing Federal laws relating to security on
board aircraft in flight.
(3) STATUS.—A State or local law enforcement officer that
is deputized as a Deputy United States Marshal under the
program shall not—
(A) be considered to be an employee of the United
States Government; or
(B) receive compensation from the United States
Government by reason of service as a Deputy United States
Marshal under the program.
(d) STATUTORY CONSTRUCTION.—Nothing in this section may
be construed to—
(1) grant a State or local law enforcement officer that
is deputized under the program the power to enforce any Fed-
eral law that is not described in subsection (c); or
(2) limit the authority that a State or local law enforcement
officer may otherwise exercise in the officer’s capacity under
any other applicable State or Federal law.
(e) REGULATIONS.—The Attorney General may promulgate such
regulations as may be necessary to carry out this section.
(f ) NOTIFICATION OF CONGRESS.—Not later than 90 days after
the date of the enactment of this Act, the Attorney General shall
notify the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science,