REVISED -- DEPARTMENT OF TRANSPORTATION DRAFT BILL -- "TO AMEND THE FEDERAL AVIATION ACT OF 1958, AS AMENDED, TO INCREASE CIVIL PENALTY LIMITS FOR SAFETY VIOLATIONS BY PERSONS ENGAGED IN COMMERCIAL AIRCRAFT OPERATIONS AND FOR OTHER PURPOSES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00004R001000030016-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 27, 2016
• Document Release Date: December 8, 2011
• Sequence Number: 16
• Publication Date: July 9, 1987
• Content Type: MEMO

Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90M00004ROO1000030016-7
ACTION
OCA 87-2954
OFFICE OF CONGRESSIONAL AFFAIRS
Routing Slip
DD/Legislation
DD/Senate Aff
ACTION
INFO
1. D/OCA
X
XX
airs
X
4. Ch/Senate Affairs
5. DD/House Affairs
6. Ch/House Affairs
7. Admin Officer
8. Executive Officer
9. FOIA Officer
10 Constituent Inquiries
Officer
11.
X
12. JI
TTY
SUSPENSE 16 Wff 87
Date
13 July 87
Name/Date
STAT
STAT
STAT
Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90M00004ROO1000030016-7
 I~ A I
Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90M00004ROO1000030016-7
STAT
STAT
STAT
Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90M00004ROO1000030016-7
 Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90M00004ROO1000030016-7
EXECUTIVE OFFICE OF THE PRESIDEN
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. D.C. 20503
July 9, 1987
LEGISLATIVE REFERRAL MEMORANDUM
Legislative Liaison Officer
SPECIAL
SEE ATTACHED DISTRIBUTION LIST OUA f ~lE ' ~~
RECP~ #
SUBJECT: REVISED -- Department of Transportation draft bill --
"To amend the Federal Aviation Act of 1958, as amended,
to increase civil penalty limits for safety violations
by persons engaged in commercial aircraft operations
and for other purposes."
NOTE -- This draft bill was previously cleared by OMB
following review by Justice and Defense. DOT
now proposes to revise this legislation to extend
NTSB accident investigation responsibility to
accidents involving non-military Federal
aircraft.
The Office of Management and Budget requests the views of your
agency on the above subject before advising on its relationship to
the program of the President, in accordance with OMB Circular A-19.
Please provide us with your views no-later than
5:00 o.m. -- THURSDAY -- JULY 16, 1987..
Direct your questions to Jim Brown (39503457), the
legislative analyst in this office.
J a . -Mur
Assi ant Director for
Legislative Reference
Enclosures
cc: Nancy Potok
Sam Fairchild
Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90M00004ROO1000030016-7
 Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90M00004R001000030016-7
DISTRIBUTION LIST
AGENCY
CONTACT
PHONE NUMBER
Department of Agriculture (01)
Sid Clemans
382-1516
Department of Commerce (04)
Mike Levitt
377-3151
Department of Defense (06)
Sam Brick
697-1305
Department of Energy (09)
Bob Rabben
586-6718
Department of Health
and Human Services (14)
Frances White
245-7750
Department of Justice (17)
Jack Perkins
633-2113
Department of the Treasury (28)
Carole Toth
566-8523
NASA (19)
Toby Costanzo
453-1080
U.S. ostal Service (11)
Fred Eggleston
268-2958
Cen ral Intelligence Agency
Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90M00004R001000030016-7
 Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90M00004ROO1000030016-7
07/09/87 13:03 U5UU1/LtU*UUUN'L . NU. UM 002
THE SECRETARY OF TRANSPORTATION
-WASHINGTON. P.C. 20690
The Honorable George Such
President of the Renate
Washington, DC 20510
Enclosed for introduction and referral to the appropriate
Committee is a draft bill
To amend the Federal Aviation Act of 1958, as amended, to
increase civil penalty limits for safety violations by persons
engaged in commercial aircraft operations, and for other
purposes."
The primary intent of the Department of Transportation in
proposing this legislation amending section 901 of the Federal
Aviation Act of 1956, as amended, (FAACt), is to combat safety
violations of the ?AAct and regulations and orders issued
thereunder. We are proposing this legislation which stiffens
existing civil penalty authority for safety violations as a means
of deterring future violations. We commend the senate's passage
of this stronger civil penalty authority in the 99th Congress as
s. 1750.
Specifically, the bill would increase the maximum civil penalty in
section 901 of the FAACt from $1,000 to $10,000 for safety
violations of the FAAct or regulations issued thereunder by
persons who operate aircraft for the carriage of persons or
property for compensation or hire. The present civil penalty
authority of 81,000 per violation-has been in effect since 1998.
The economic effect of that level of civil penalty has eroded
substantially in the nearly five decades which have passed since
that time. An airman would not, however, be personally subjected
to the higher sanctions for violations committed while serving in
the capacity as an airman.
While we believe that a 81,000 maximum civil penalty is adequate
for the vast majori ' -ty of safety violations by the general aviation
community, there are cases involving commercial operations where
that level of civil penalty is simply not adequate to deter future
safety violations. Ac ocdingly, our proposal would permit us to
Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90M00004ROO1000030016-7
 Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90M00004ROO1000030016-7
Iq
Next 1 Page(s) In Document Denied
STAT
Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90M00004ROO1000030016-7
 Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90M00004ROO1000030016-7
07/09/87 13:04 USDOT/LEG*COUN'L NO.005 005
A BILL
"To amend the Federal Aviation Act of 195$, as
amended, to increase civil penalty limits for safety
violations by persons engaged in commercial aircraft
operations, and for other purposes."
Is it en ted by the Senate and House of
Representatives of the United States of America in Congress
Assembled, That section 901(a)(1)(A) of the Federal Aviation
Act of 1958, as amended, (49 United States Code App.
1473(a)(1)(A)), is amended by inserting "1101," immediately
after the word "section" where it first appears.
SEC. 2. Section 901(a)(2) of the Federal Aviation Act of
1958, as amanded,,(49 United States Code App. 1471(a)(2)), is
amended by inserting the phrase ", or of section 1101, 1114,
or 1115(e)(2)(3)" immediately after "Xti".
SEC. 3. Section 901(a)(1) of the Federal Aviation Act of
1958, as amended, (49 United States Code App. 1471(a)(1)), is
amended by inserting the following words immediately after
"violation," where it first appears: "except that a person
who operates airesaft for the carriage of persons or property
for compensation or hire, other than an airman serving in the
capacity of an.airman, shall be subject to a civil penalty
Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90M00004ROO1000030016-7
 Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90M00004ROO1000030016-7
Iq
Next 8 Page(s) In Document Denied
STAT
Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90M00004ROO1000030016-7