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[EX Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Northwest Straits Marine
Conservation Initiative Reauthorization Act of 2009''.

SEC. 2. REAUTHORIZATION OF NORTHWEST STRAITS MARINE CONSERVATION
INITIATIVE ACT.

The Northwest Straits Marine Conservation Initiative Act (title IV
of Public Law 105-384; 112 Stat. 3458) is amended--
(1) in section 402, by striking ''(in this title referred
to as the 'Commission')'';
(2) by striking sections 403 and 404;
(3) by redesignating section 405 as section 410; and
(4) by inserting after section 402 the following new
sections:

''SEC. 403. FINDINGS.

''Congress makes the following findings:
''(1) The marine waters and ecosystem of the Northwest
Straits in Puget Sound in the State of Washington represent a
unique resource of enormous environmental and economic value to
the people of the United States.
''(2) During the 20th century, the environmental health of
the Northwest Straits declined dramatically as indicated by
impaired water quality, declines in marine wildlife, collapse
of harvestable marine species, loss of critical marine
habitats, ocean acidification, and sea level rise.
''(3) At the start of the 21st century, the Northwest
Straits have been threatened by sea level rise, ocean
acidification, and other effects of climate change.
''(4) In 1998, the Northwest Straits Marine Conservation
Initiative Act (title IV of Public Law 105-384) was enacted to
tap the unprecedented level of citizen stewardship demonstrated
in the Northwest Straits and create a mechanism to mobilize
public support and raise capacity for local efforts to protect
and restore the ecosystem of the Northwest Straits.
''(5) The Northwest Straits Marine Conservation Initiative
helps the National Oceanic and Atmospheric Administration and
other Federal agencies with their marine missions by fostering
local interest in marine issues and involving diverse groups of
citizens.
''(6) The Northwest Straits Marine Conservation Initiative
shares many of the same goals with the National Oceanic and
Atmospheric Administration, including fostering citizen
stewardship of marine resources, general ecosystem management,
and protecting federally managed marine species.
''(7) Ocean literacy and identification and removal of
marine debris projects are examples of on-going partnerships
between the Northwest Straits Marine Conservation Initiative
and the National Oceanic and Atmospheric Administration.

''SEC. 404. DEFINITIONS.

''In this title:
''(1) Commission.--The term 'Commission' means the
Northwest Straits Advisory Commission established by section
402.
''(2) Indian tribe.--The term 'Indian tribe' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
''(3) Northwest straits.--The term 'Northwest Straits'
means the marine waters of the Strait of Juan de Fuca and of
Puget Sound from the Canadian border to the south end of
Snohomish County.

''SEC. 405. MEMBERSHIP OF THE COMMISSION.

''(a) Composition.--The Commission shall be composed of up to 14
members who shall be appointed as follows:
''(1) One member appointed by a consensus of the members of
a marine resources committee established under section 408 for
each of the following counties of the State of Washington:
''(A) San Juan County.
''(B) Island County.
''(C) Skagit County.
''(D) Whatcom County.
''(E) Snohomish County.
''(F) Clallam County.
''(G) Jefferson County.
''(2) Two members appointed by the Secretary of the
Interior in trust capacity and in consultation with the
Northwest Indian Fisheries Commission or the Indian tribes
affected by this title collectively, as the Secretary of the
Interior considers appropriate, to represent the interests of
such tribes.
''(3) One member appointed by the Governor of the State of
Washington to represent the interests of the Puget Sound
Partnership.
''(4) Four members appointed by the Governor of the State
of Washington who--
''(A) are residents of the State of Washington; and
''(B) are not employed by a Federal, State, or
local government.
''(b) Vacancies.--A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
''(c) Chairperson.--The Commission shall select a Chairperson from
among its members.
''(d) Meeting.--The Commission shall meet at the call of the
Chairperson, but not less frequently than quarterly.
''(e) Liaison.--
''(1) In general.--The Secretary of Commerce, acting
through the Under Secretary for Oceans and Atmosphere and in
consultation with the Director of the Commission appointed
under section 407(a), shall appoint an employee of the National
Oceanic and Atmospheric Administration--
''(A) to serve as a liaison between the Commission
and the Department of Commerce; and
''(B) to attend meetings and other events of the
Commission as a nonvoting participant.
''(2) Limitation.--Service of an employee as an appointee
under paragraph (1)--
''(A) shall be limited to service as a liaison and
attendance of meetings and other events as a nonvoting
participant; and
''(B) does not obligate the employee to perform any
duty of the Commission under section 406(b).

''SEC. 406. GOAL AND DUTIES OF THE COMMISSION.

''(a) Goal.--The goal of the Commission is to protect and restore
the marine waters, habitats, and species of the Northwest Straits
region to achieve ecosystem health and sustainable resource use by--
''(1) designing and initiating projects that are driven by
sound science, local priorities, community-based decisions, and
the ability to measure results;
''(2) building awareness and stewardship and making
recommendations to improve the health of the Northwest Straits
marine resources;
''(3) maintaining and expanding diverse membership and
partner organizations;
''(4) expanding partnerships with governments of Indian
tribes affected by this title and continuing to foster respect
for tribal cultures and treaties; and
''(5) recognizing the importance of economic and social
benefits that are dependent on marine environments and
sustainable marine resources.
''(b) Duties.--The duties of the Commission are the following:
''(1) To provide resources and technical support for marine
resources committees established under section 408.
''(2) To work with such marine resources committees and
appropriate entities of Federal and State governments and
Indian tribes affected by this title to develop programs to
monitor the overall health of the marine ecosystem of the
Northwest Straits.
''(3) To identify factors adversely affecting or preventing
the restoration of the health of the marine ecosystem and
coastal economies of the Northwest Straits.
''(4) To develop scientifically sound restoration and
protection recommendations, informed by local priorities, that
address such factors.
''(5) To assist in facilitating the successful
implementation of such recommendations by developing broad
support among appropriate authorities, stakeholder groups, and
local communities.
''(6) To develop regional projects based on such
recommendations to protect and restore the Northwest Straits
ecosystem.
''(7) To serve as a public forum for the discussion of
policies and actions of Federal, State, or local government, an
Indian tribe affected by this title, or the Government of
Canada with respect to the marine ecosystem of the Northwest
Straits.
''(8) To inform appropriate authorities and local
communities about the marine ecosystem of the Northwest Straits
and about issues relating to the marine ecosystem of the
Northwest Straits.
''(9) To consult with all Indian tribes affected by this
title to ensure that the work of the Commission does not
violate tribal treaty rights.
''(c) Benchmarks.--The Commission shall carry out its duties in a
manner that promotes the achieving of the benchmarks described in
subsection (f)(2).
''(d) Coordination and Collaboration.--The Commission shall carry
out the duties described in subsection (b) in coordination and
collaboration, when appropriate, with Federal, State, and local
governments and Indian tribes affected by this title.
''(e) Regulatory Authority.--The Commission shall have no power to
issue regulations.
''(f) Annual Report.--
''(1) In general.--Each year, the Commission shall prepare,
submit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Natural
Resources of the House of Representatives, and the Under
Secretary for Oceans and Atmosphere, and make available to the
public an annual report describing--
''(A) the activities carried out by the Commission
during the preceding year; and
''(B) the progress of the Commission in achieving
the benchmarks described in paragraph (2).
''(2) Benchmarks.--The benchmarks described in this
paragraph are the following:
''(A) Protection and restoration of marine,
coastal, and nearshore habitats.
''(B) Prevention of loss and achievement of a net
gain of healthy habitat areas.
''(C) Protection and restoration of marine
populations to healthy, sustainable levels.
''(D) Protection of the marine water quality of the
Northwest Straits region and restoration of the health
of marine waters.
''(E) Collection of high-quality data and promotion
of the use and dissemination of such data.
''(F) Promotion of stewardship and understanding of
Northwest Straits marine resources through education
and outreach.

''SEC. 407. COMMISSION PERSONNEL AND ADMINISTRATIVE MATTERS.

''(a) Director.--The Manager of the Shorelands and Environmental
Assistance Program of the Department of Ecology of the State of
Washington may, upon the recommendation of the Commission and the
Director of the Padilla Bay National Estuarine Research Reserve,
appoint and terminate a Director of the Commission. The employment of
the Director shall be subject to confirmation by the Commission.
''(b) Staff.--The Director may hire such other personnel as may be
appropriate to enable the Commission to perform its duties. Such
personnel shall be hired through the personnel system of the Department
of Ecology of the State of Washington.
''(c) Administrative Services.--If the Governor of the State of
Washington makes available to the Commission the administrative
services of the State of Washington Department of Ecology, the
Commission shall use such services for employment, procurement, grant
and fiscal management, and support services necessary to carry out the
duties of the Commission.

''SEC. 408. MARINE RESOURCES COMMITTEES.

''(a) In General.--The government of each of the counties referred
to in subparagraphs (A) through (G) of section 405(a)(1) may establish
a marine resources committee that--
''(1) complies with the requirements of this section; and
''(2) receives from such government the mission, direction,
expert assistance, and financial resources necessary--
''(A) to address issues affecting the marine
ecosystems within its county; and
''(B) to work to achieve the benchmarks described
in section 406(f)(2).
''(b) Membership.--
''(1) In general.--Each marine resources committee
established pursuant to this section shall be composed of--
''(A) members with relevant scientific expertise;
and
''(B) members that represent balanced
representation, including representation of--
''(i) local governments, including planning
staff from counties and cities with marine
shorelines;
''(ii) affected economic interests, such as
ports and commercial fishers;
''(iii) affected recreational interests,
such as sport fishers; and
''(iv) conservation and environmental
interests.
''(2) Tribal members.--With respect to a county referred to
in subparagraphs (A) through (G) of section 405(a)(1), each
Indian tribe with usual and accustomed fishing rights in the
waters of such county and each Indian tribe with reservation
lands in such county, may appoint one member to the marine
resources committee for such county. Such member may be
appointed by the respective tribal authority.
''(3) Chairperson.--
''(A) In general.--Each marine resources committee
established pursuant to this section shall select a
chairperson from among members by a majority vote of
the members of the committee.
''(B) Rotating position.--Each marine resources
committee established pursuant to this section shall
select a new chairperson at a frequency determined by
the county charter of the marine resources committee to
create a diversity of representation in the leadership
of the marine resources committee.
''(c) Duties.--The duties of a marine resources committee
established pursuant to this section are the following:
''(1) To assist in assessing marine resource problems in
concert with governmental agencies, tribes, and other entities.
''(2) To assist in identifying local implications, needs,
and strategies associated with the recovery of Puget Sound
salmon and other species in the region of the Northwest Straits
listed under the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) in coordination with Federal, State, and local
governments, Indian tribes affected by this title, and other
entities.
''(3) To work with other entities to enhance the scientific
baseline and monitoring program for the marine environment of
the Northwest Straits.
''(4) To identify local priorities for marine resource
conservation and develop new projects to address those needs.
''(5) To work closely with county leadership to implement
local marine conservation and restoration initiatives.
''(6) To coordinate with the Commission on marine ecosystem
objectives.
''(7) To educate the public and key constituencies
regarding the relationship between healthy marine habitats,
harvestable resources, and human activities.

''SEC. 409. NORTHWEST STRAITS MARINE CONSERVATION FOUNDATION.

''(a) Establishment.--The Director of the Commission and the
Director of the State of Washington Department of Ecology, or his or
her designee, may enter into an agreement with an organization
described in section 501(c)(3) of the Internal Revenue Code of 1986 to
establish a nonprofit foundation to support the Commission and the
marine resources committees established under section 408 in carrying
out their duties under this Act.
''(b) Designation.--The foundation authorized by subsection (a)
shall be known as the 'Northwest Straits Marine Conservation
Foundation'.
''(c) Receipt of Grants.--The Northwest Straits Marine Conservation
Foundation may, if eligible, apply for, accept, and use grants awarded
by Federal agencies, States, local governments, regional agencies,
interstate agencies, corporations, foundations, or other persons to
assist the Commission and the marine resources committees in carrying
out their duties under this Act.
''(d) Transfer of Funds.--The Northwest Straits Marine Conservation
Foundation may transfer funds to the Commission or the marine resources
committees to assist them in carrying out their duties under this
Act.''.

Passed the House of Representatives December 7, 2009.

Attest:

LORRAINE C. MILLER,

Clerk.
[EX A]: Northwest Straits Marine Conservation Initiative Reauthorization Act of 2009 - Amends the Northwest Straits Marine Conservation Initiative Act to define "Northwest Straits" as the marine waters of the Strait of Juan de Fuca and of Puget Sound from the Canadian border to the south end of Snohomish County, Washington.

Sets forth the membership of the Northwest Straits Advisory Commission. Directs the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, to appoint an employee of the National Oceanic and Atmospheric Administration (NOAA) to serve as a liaison between the Commission and the Department of Commerce and to attend the Commission's meetings and events as a nonvoting participant. States the goal of the Commission as the protection and restoration of the marine waters, habitats, and species of the Northwest Straits region in Washington to achieve ecosystem health and sustainable resource use. Enumerates the duties of the Commission and establishes benchmarks for its work. Requires the Commission to submit annual reports to Congress and the Under Secretary on its activities and its progress in achieving specified benchmarks.

Authorizes the Manager of the Shorelands and Environmental Assistance Program of Washington's Department of Ecology, upon the recommendation of the Commission and the Director of the Padilla Bay National Estuarine Research Reserve, to appoint and terminate a Director of the Commission. Requires the Director to be confirmed by the Commission.

Provides for the establishment of marine resources committees in specified counties of Washington.

Authorizes the Director of the Commission and the Director of the State of Washington Department of Ecology to establish the Northwest Straits Marine Conservation Foundation as a nonprofit foundation to support the Commission and the marine resources committees established by this Act.

[EX Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Drug Trafficking Vessel Interdiction
Act of 2008''.

TITLE I--CRIMINAL PROHIBITION

SEC. 101. FINDINGS AND DECLARATIONS.

Congress finds and declares that operating or embarking in a
submersible vessel or semi-submersible vessel without nationality and
on an international voyage is a serious international problem,
facilitates transnational crime, including drug trafficking, and
terrorism, and presents a specific threat to the safety of maritime
navigation and the security of the United States.

SEC. 102. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL
WITHOUT NATIONALITY.

(a) In General.--Chapter 111 of title 18, United States Code, is
amended by adding at the end the following new section:
''Sec. 2285. Operation of submersible vessel or semi-submersible vessel
without nationality
''(a) Offense.--Whoever knowingly operates, or attempts or
conspires to operate, by any means, or embarks in any submersible
vessel or semi-submersible vessel that is without nationality and that
is navigating or has navigated into, through, or from waters beyond the
outer limit of the territorial sea of a single country or a lateral
limit of that country's territorial sea with an adjacent country, with
the intent to evade detection, shall be fined under this title,
imprisoned not more than 15 years, or both.
''(b) Evidence of Intent To Evade Detection.--For purposes of
subsection (a), the presence of any of the indicia described in
paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6),
of section 70507(b) of title 46 may be considered, in the totality of
the circumstances, to be prima facie evidence of intent to evade
detection.
''(c) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section, including an
attempt or conspiracy to commit such an offense.
''(d) Claim of Nationality or Registry.--A claim of nationality or
registry under this section includes only--
''(1) possession on board the vessel and production of
documents evidencing the vessel's nationality as provided in
article 5 of the 1958 Convention on the High Seas;
''(2) flying its nation's ensign or flag; or
''(3) a verbal claim of nationality or registry by the
master or individual in charge of the vessel.
''(e) Affirmative Defenses.--
''(1) In general.--It is an affirmative defense to a
prosecution for a violation of subsection (a), which the
defendant has the burden to prove by a preponderance of the
evidence, that the submersible vessel or semi-submersible
vessel involved was, at the time of the offense--
''(A) a vessel of the United States or lawfully
registered in a foreign nation as claimed by the master
or individual in charge of the vessel when requested to
make a claim by an officer of the United States
authorized to enforce applicable provisions of United
States law;
''(B) classed by and designed in accordance with
the rules of a classification society;
''(C) lawfully operated in government-regulated or
licensed activity, including commerce, research, or
exploration; or
''(D) equipped with and using an operable automatic
identification system, vessel monitoring system, or
long range identification and tracking system.
''(2) Production of documents.--The affirmative defenses
provided by this subsection are proved conclusively by the
production of--
''(A) government documents evidencing the vessel's
nationality at the time of the offense, as provided in
article 5 of the 1958 Convention on the High Seas;
''(B) a certificate of classification issued by the
vessel's classification society upon completion of
relevant classification surveys and valid at the time
of the offense; or
''(C) government documents evidencing licensure,
regulation, or registration for commerce, research, or
exploration.
''(f) Federal Activities Excepted.--Nothing in this section applies
to lawfully authorized activities carried out by or at the direction of
the United States Government.
''(g) Applicability of Other Provisions.--Sections 70504 and 70505
of title 46 apply to offenses under this section in the same manner as
they apply to offenses under section 70503 of such title.
''(h) Definitions.--In this section, the terms 'submersible
vessel', 'semi-submersible vessel', 'vessel of the United States', and
'vessel without nationality' have the meaning given those terms in
section 70502 of title 46.''.
(b) Clerical Amendment.--The chapter analysis for chapter 111 of
title 18, United States Code, is amended by inserting after the item
relating to section 2284 the following:

''2285. Operation of submersible vessel or semi-submersible vessel
without nationality.''.

SEC. 103. SENTENCING GUIDELINES.

(a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall promulgate sentencing
guidelines (including policy statements) or amend existing sentencing
guidelines (including policy statements) to provide adequate penalties
for persons convicted of knowingly operating by any means or embarking
in any submersible vessel or semi-submersible vessel in violation of
section 2285 of title 18, United States Code.
(b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall--
(1) ensure that the sentencing guidelines and policy
statements reflect the serious nature of the offense described
in section 2285 of title 18, United States Code, and the need
for deterrence to prevent such offenses;
(2) account for any aggravating or mitigating circumstances
that might justify exceptions, including--
(A) the use of a submersible vessel or semi-
submersible vessel described in section 2285 of title
18, United States Code, to facilitate other felonies;
(B) the repeated use of a submersible vessel or
semi-submersible vessel described in section 2285 of
title 18, United States Code, to facilitate other
felonies, including whether such use is part of an
ongoing criminal organization or enterprise;
(C) whether the use of such a vessel involves a
pattern of continued and flagrant violations of section
2285 of title 18, United States Code;
(D) whether the persons operating or embarking in a
submersible vessel or semi-submersible vessel willfully
caused, attempted to cause, or permitted the
destruction or damage of such vessel or failed to heave
to when directed by law enforcement officers; and
(E) circumstances for which the sentencing
guidelines (and policy statements) provide sentencing
enhancements;
(3) ensure reasonable consistency with other relevant
directives, other sentencing guidelines and policy statements,
and statutory provisions;
(4) make any necessary and conforming changes to the
sentencing guidelines and policy statements; and
(5) ensure that the sentencing guidelines and policy
statements adequately meet the purposes of sentencing set forth
in section 3553(a)(2) of title 18, United States Code.

TITLE II--CIVIL PROHIBITION

SEC. 201. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL
WITHOUT NATIONALITY.

(a) Finding and Declaration.--Section 70501 of title 46, United
States Code, is amended--
(1) by inserting ''(1)'' after ''that''; and
(2) by striking ''States.'' and inserting ''States and (2)
operating or embarking in a submersible vessel or semi-
submersible vessel without nationality and on an international
voyage is a serious international problem, facilitates
transnational crime, including drug trafficking, and terrorism,
and presents a specific threat to the safety of maritime
navigation and the security of the United States.''.

SEC. 202. OPERATION PROHIBITED.

(a) In General.--Chapter 705 of title 46, United States Code, is
amended by adding at the end thereof the following:
''Sec. 70508. Operation of submersible vessel or semi-submersible
vessel without nationality
''(a) In General.--An individual may not operate by any means or
embark in any submersible vessel or semi-submersible vessel that is
without nationality and that is navigating or has navigated into,
through, or from waters beyond the outer limit of the territorial sea
of a single country or a lateral limit of that country's territorial
sea with an adjacent country, with the intent to evade detection
''(b) Evidence of Intent To Evade Detection.--In any civil
enforcement proceeding for a violation of subsection (a), the presence
of any of the indicia described in paragraph (1)(A), (E), (F), or (G),
or in paragraph (4), (5), or (6), of section 70507(b) may be
considered, in the totality of the circumstances, to be prima facie
evidence of intent to evade detection.
''(c) Defenses.--
''(1) In general.--It is a defense in any civil enforcement
proceeding for a violation of subsection (a) that the
submersible vessel or semi-submersible vessel involved was, at
the time of the violation--
''(A) a vessel of the United States or lawfully
registered in a foreign nation as claimed by the master
or individual in charge of the vessel when requested to
make a claim by an officer of the United States
authorized to enforce applicable provisions of United
States law;
''(B) classed by and designed in accordance with
the rules of a classification society;
''(C) lawfully operated in government-regulated or
licensed activity, including commerce, research, or
exploration; or
''(D) equipped with and using an operable automatic
identification system, vessel monitoring system, or
long range identification and tracking system.
''(2) Production of documents.--The defenses provided by
this subsection are proved conclusively by the production of--
''(A) government documents evidencing the vessel's
nationality at the time of the offense, as provided in
article 5 of the 1958 Convention on the High Seas;
''(B) a certificate of classification issued by the
vessel's classification society upon completion of
relevant classification surveys and valid at the time
of the offense; or
''(C) government documents evidencing licensure,
regulation, or registration for research or
exploration.
''(d) Civil Penalty.--A person violating this section shall be
liable to the United States for a civil penalty of not more than
$1,000,000.''
(b) Conforming Amendments.--
(1) The chapter analysis for chapter 705 of title 46,
United States Code, is amended by inserting after the item
relating to section 70507 the following:

''70508. Operation of submersible vessel or semi-submersible vessel
without nationality.''.
(2) Section 70504(b) of title 46, United States Code, is
amended by inserting ''or 70508'' after ''70503''.
(3) Section 70505 of title 46, United States Code, is
amended by striking ''this title'' and inserting ''this title,
or against whom a civil enforcement proceeding is brought under
section 70508,''.

SEC. 203. SUBMERSIBLE VESSEL AND SEMI-SUBMERSIBLE VESSEL DEFINED.

Section 70502 of title 46, United States Code, is amended by adding
at the end thereof the following:
''(f) Semi-Submersible Vessel; Submersible Vessel.--In this
chapter:
''(1) Semi-submersible vessel.--The term 'semi-submersible
vessel' means any watercraft constructed or adapted to be
capable of operating with most of its hull and bulk under the
surface of the water, including both manned and unmanned
watercraft.
''(2) Submersible vessel.--The term 'submersible vessel'
means a vessel that is capable of operating completely below
the surface of the water, including both manned and unmanned
watercraft.''.
[EX A]: Drug Trafficking Vessel Interdiction Act of 2008 - Amends the federal criminal code to impose a fine and/or prison term of up to 15 years for knowingly operating or attempting or conspiring to operate by any means, or for embarking in, any submersible or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to avoid detection. Imposes an additional civil fine of up to $1 million for violations.

[EX Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Airline Competition Act of 1999''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Air carrier.--The term ''air carrier'' has the meaning
given that term in section 40102(2) of title 49, United States
Code.
(2) Aircraft.--The term ''aircraft'' has the meaning given
that term in section 40102(6) of title 49, United States Code.
(3) Airport.--The term ''airport'' has the meaning given
that term in section 40102(9) of title 49, United States Code.
(4) Attorney general.--The term ''Attorney General'' means
the Attorney General of the United States.
(5) Secretary.--The term ''Secretary'' means the Secretary
of Transportation.

SEC. 3. PREFERENCE FOR LOW-COMPETITION AIRPORTS.

(a) Definitions.--Section 41714(h) of title 49, United States Code,
is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (2) the following:
''(3) Large hub airport.--The term 'large hub airport'
means an airport described in section 47134(d)(2).
''(4) Low-competition airport.--The term 'low-competition
airport' means an airport that--
''(A) is not a large hub airport; and
''(B) the Secretary determines has substantially--
''(i) less service than the average service
at airports in the United States; or
''(ii) higher airfares than average
airfares for airports in the United States.''.
(b) Preference.--Section 41714(c)(1) of title 49, United States
Code, is amended by adding at the end the following: ''In granting
exemptions under this paragraph, the Secretary shall give preference to
air transportation provided to low-competition airports that are
located within a 500-mile radius of a high density airport.''.

SEC. 4. UNFAIR COMPETITION.

(a) Guidelines.--Not later than 30 days after the date of enactment
of this Act, the Secretary, in consultation with the Attorney General,
shall issue regulations that define predatory practices and unfair
methods of competition of air carriers for the purposes of applying
this Act to complaints of predatory practices or unfair methods of
competition filed under section 41712 of title 49, United States Code,
or any other applicable provision of law.
(b) Determinations Regarding Actions Filed.--
(1) Actions filed before the date of enactment of this
act.--Not later than 9 months after the date of enactment of
this Act, the Secretary shall complete action on any complaint
alleging a predatory practice or unfair method of competition
by an air carrier that was filed with the Secretary under
section 41712 of title 49, United States Code, or any other
applicable provision of law before the date of enactment of
this Act.
(2) Actions filed on or after the date of enactment of this
act.--
(A) In general.--Not later than 90 days after a
complaint alleging a predatory practice or unfair
method of competition by an air carrier is filed with
the Secretary under section 41712 of title 49, United
States Code, or any other applicable provision of law,
the Secretary shall make an initial finding concerning
whether the practice that is the subject of the
complaint constitutes a predatory practice or unfair
method of competition.
(B) Applicability.--Subparagraph (A) shall apply to
a complaint filed with the Secretary on or after the
date of enactment of this Act.
(c) Restraining Orders.--
(1) In general.--In a manner consistent with section 41712
or any other applicable provision of law, the Secretary shall
enjoin, pending final determination, any action of an air
carrier that the Secretary finds to be a predatory practice or
unfair method of competition under subsection (b).
(2) Period for taking action.--The Secretary shall carry
out the requirements of paragraph (1) not later than 15 days
after an initial finding is made with respect to a complaint
under subsection (b) (or if the initial finding is made before
the date of enactment of this Act, not later than 15 days after
the date of enactment of this Act).

SEC. 5. LIMITS ON COMPETITION IN AVIATION INDUSTRY.

Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Secretary shall transmit to Congress a report
concerning barriers to entry, predatory practices (including pricing),
and other limits on competition in the aviation industry.

SEC. 6. PROVISIONS TO PREVENT INCREASED AIRCRAFT NOISE.

(a) Secretarial Authority Under This Act.--Nothing in this Act or
the amendments made by this Act shall authorize the Secretary to take
any action that would increase aircraft noise in any community in the
vicinity of an airport.
(b) Stage 4 Noise Levels.--
(1) Proposed regulations.--Section 47523 of title 49,
United States Code, is amended by adding at the end the
following:
''(c) Stage 4 Noise Levels.--
''(1) Proposed regulations.--Not later than 1 year after
the date of enactment of the Airline Competition Act of 1999,
the Secretary shall issue proposed regulations that--
''(A) establish, in a manner consistent with this
chapter, stage 4 noise levels applicable to aircraft
designated by the Secretary as stage 4 aircraft; and
''(B) provide for the implementation of the stage 4
noise level requirements by the date that is 36 months
after the date of issuance of the proposed regulations.
''(2) Criteria for noise levels.--The stage 4 noise levels
established under this subsection shall--
''(A) provide for a significant reduction in the
level of noise generated by aircraft; and
''(B) be consistent with the noise levels
attainable through the use of the most effective noise
control technology available for stage 3 aircraft (as
that term is used under section 47524(c)), as of
January 1, 1999.''.
(2) Legislative proposals.--At the same time as the
Secretary issues proposed regulations under section 47523(c) of
title 49, United States Code, as added by paragraph (1) of this
subsection, the Secretary shall submit to Congress such
proposed legislation (including amendments to chapter 475 of
title 49, United States Code) as is necessary to ensure the
implementation of stage 4 noise levels (as that term is used in
such section 47523(c)).

SEC. 7. CLARIFICATION OF LEGAL STANDING.

Section 41713(b) of title 49, United States Code, is amended by
adding at the end the following:
''(5) This subsection shall not bar any cause of action brought
against an air carrier by 1 or more private parties seeking to enforce
any right under the common law of any State or under any State statute,
other than a statute purporting to directly prescribe fares, routes, or
levels of air transportation service.''.
[EX A]:
Airline Competition Act of 1999 - Amends Federal aviation law to make eligible large hub airports and low-competition airports for slots (takeoff and landing authority) for air carriers providing essential air service at such airports. Directs the Secretary of Transportation to give preference in granting an exemption from certain requirements limiting takeoffs and landings at high density airports to air transportation provided to low-competition airports that are located within a 500-mile radius of a high density airport.
(Sec. 4) Directs the Secretary to issue regulations that define predatory practices and unfair methods of competition of air carriers for purposes of applying this Act to complaints of such practices under section 41712 of title 49, United States Code, or any other applicable provision of law. Directs the Secretary to: (1) after a complaint alleging a predatory practice or unfair method of competition by an air carrier is filed on or after enactment of this Act with the Secretary under section 41712 of title 49, United States Code, or any other applicable provision of law, make an initial finding of whether such practice that is the subject of the complaint constitutes a predatory practice or unfair method of competition; and (2) complete action on such complaints filed with the Secretary before enactment of this Act.
(Sec. 5) Directs the Secretary to report annually to Congress concerning barriers to entry, predatory practices (including pricing), and other limits on competition in the aviation industry.
(Sec. 6) Declares that nothing in this Act shall authorize the Secretary to take action that would increase aircraft noise in any community in the vicinity of an airport.
Directs the Secretary to issue proposed regulations that establish and implement stage 4 noise levels which provide for the significant reduction in the noise level of, and which are consistent with levels attainable through the use of the most effective noise control technology available for stage 3 aircraft as of January 1, 1999, for, stage 4 aircraft.
(Sec. 7) Amends Federal aviation law provisions prohibiting State regulation of air prices, routes, and services to declare that such provisions shall not bar a cause of action brought against an air carrier by one or more private parties seeking to enforce any right under the common law of any State or State statute other than a statute purporting to directly prescribe fares, routes, or levels of air transportation service.