Page:United States Statutes at Large Volume 114 Part 1.djvu/177

 PUBLIC LAW 106-181—APR. 5, 2000 114 STAT. 141 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 Prevention 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 imprisonment 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 airman's certificate.". SEC. 510. FLIGHT OPERATIONS QUALITY ASSURANCE RULES. Not later than 60 days after the date of the enactment of Deadline. this Act, the Administrator shall issue a notice of proposed rulemaking 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 Program and the Aviation Safety Action Program.

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