To amend the Federal Aviation Act of 1958 to extend the civil penalty assessment demonstration program, and for other purposes.
PL 101-370 (H.R.5131), enacted 08/15/1990

carriers. 
PUBLIC LAW 101-370—AUG. 15, 1990 
104 STAT. 451 
Public Law 101-370 
101st Congress 
An Act 
To amend the Federal Aviation Act of 1958 to extend the civil penalty assessment 
Aug. 15, 1990 
demonstration program, and for other purposes. 
[H.R. 5131] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Aircraft and air 
SECTION 1. CIVIL PENALTY ASSESSMENT DEMONSTRATION PROGRAM. 
Section 905(d)(4) of the Federal Aviation Act of 1958 (49 U.S.C. 
App. 1475(dX4)) is amended by striking "the 31-month period begin-
ning on the date of the enactment of this section" and inserting "the 
period beginning on the date of the enactment of this section and 
ending on August 1,1992". 
SEC. 2. AIRPORT SECURITY PROGRAMS. 
Section 316 of the Federal Aviation Act of 1958 (49 U.S.C. App. 
1357) is amended by adding at the end the following new subsection: 
"(g) AIRPORT TENANTS SECURITY PROGRAMS.—The Administrator 
may approve under this section a security program of an airport 
operator, and may approve an amendment to a security program of 
an airport operator approved by the Administrator under subsection 
(b), which incorporates a security program of an airport tenant 
(other than an air carrier separately complying with part 108 or 129 
of title 14 of the Code of Federal Regulations) having access to the 
secured areas of the airport— 
"(1) if such program or amendment incorporates the measures 
by which the tenant will carry out, within the tenant's leased 
areas or areas designated for the tenant's exclusive use under 
an agreement with the airport operator, the security require-
ments imposed by the Administrator on the airport operator 
pursuant to the access control system requirements of section 
107.14 of such title or to other requirements of part 107 of such 
title; and 
"(2) if such program or amendment incorporates the methods 
by which the airport operator will monitor and audit the ten-
ant's compliance with such security requirements and provides 
that the tenant will be required to pay financial penalties to the 
airport operator in the event the tenant fails to carry out any 
such security requirement in accordance with a contractual 
provision or requirement imposed by the airport operator. 
If the Administrator approves a program or amendment described 
in this subsection, the airport operator may not be found to be in 
violation of a requirement of this section in any case in which the 
airport operator demonstrates that the tenant or an employee, 
permittee, or invitee of the tenant is responsible for such violation 
and that the airport operator has complied with all measures in its 
security program for securing compliance with its security program 
by the tenant.". 
104 STAT. 452 
PUBLIC LAW 101-370—AUG. 15, 1990 
49 u s e app. 
SEC. 3. ADMINISTRATIVE CONFERENCE EVALUATION OF ADJUDICATORY 
1482 note. 
PROCEDURES. 
(a) STUDY AND EVALUATION.—The Administrative Conference of 
the United States shall conduct a study and evaluation of the 
administrative adjudicatory procedures of the Federal Aviation 
Administration and the National Transportation 'Safety Board and 
shall make a recommendation not later than 18 months after the 
date of the enactment of this Act as to whether the authority to 
adjudicate administrative complaints under the Federal Aviation 
Act of 1958 should remain with the Department of Transportation, 
should be transferred to the National Transportation Safety Board, 
or should be otherwise modified. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated to carry out this section $50,000 for fiscal year 1991. 
Such funds shall be in addition to amounts authorized to be appro-
priated under section 576 of title 5, United States Code, and shall 
remain available until expended. 
Approved August 15, 1990. 
LEGISLATIVE HISTORY—H.R. 5131: 
HOUSE REPORTS: No. 101-602 (Comm. on Public Works and Transportation). 
SENATE REPORTS: No. 101-425 (Comm. on Commerce, Science, and 
Transportation). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
July 16, considered and passed House. 
Aug. 4, considered and passed Senate.