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SEC. 3. Section 902 of the Federal Aviation Act of 1958,

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as amended (49 U.S.C. 1472), is amended as follows:

(a) By striking out the words "violence and" in subsec

4 tion (i) (2) thereof, and by inserting the words "violence,

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or by any other form of intimidation, and" in place thereof. 6 (b) By redesignating subsections (n) and (o) thereof 7 as "(o)" and "(p)", respectively, and by adding the fol8 lowing new subsection:

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“AIRCRAFT PIRACY OUTSIDE SPECIAL AIRCRAFT JURIS

DICTION OF THE UNITED STATES

"(n) (1) Whoever aboard an aircraft in flight outside 12 the special aircraft jurisdiction of the United States commits 13 'an offense', as defined in the Convention for the Suppression 14 of Unlawful Seizure of Aircraft, and is afterward found in 15 the United States shall be punished

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"(A) by death if the verdict of the jury shall so recommend, or, in the case of a plea of guilty, or a plea of not guilty where the defendant has waived a trial by jury, if the court in its discretion shall so order; or

(B) by imprisonment for not less than twenty years, if the death penalty is not imposed.

"(2) A person commits 'an offense', as defined in the

Convention for the Suppression of Unlawful Seizure of Air

24 craft, when, while aboard an aircraft in flight, he

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"(A) unlawfully, by force or threat thereof, or by

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any other form of intimidation seizes, or exercises control of, that aircraft, or attempts to perform any such

act; or

"(B) is an accomplice of a person who performs or attempts to perform any such act.

"(3) This subsection shall only be applicable if the

7 place of takeoff or the place of actual landing of the air8 craft on board which the offense as defined in paragraph 2 9 of this subsection is committed is situated outside the terri10 tory of the State of registration of that aircraft.

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"(4) For purposes of this subsection an aircraft is con12 sidered to be in flight from the moment when all the ex13 ternal doors are closed following embarkation until the mo14 ment when one such door is opened for disembarkation, or 15 in the case of a forced landing, until the competent au16 thorities take over responsibility for the aircraft and for the 17 persons and property aboard."

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(c) By amending redesignated subsection (o) thereof 19 by striking out the reference "(m)", and by inserting the

20 reference" (n)" in place thereof.

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SEC. 4. (a) Title XI of the Federal Aviation Act of

22 1958 is amended by adding a new section 1114 as follows:

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"SUSPENSION OF AIR SERVICES

"SEC. 1114. (a) Whenever the President determines.

25 that a foreign nation is acting in a manner inconsistent with

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1 the Convention for the Suppression of Unlawful Seizure 2 of Aircraft, or if he determines that a foreign nation is used

3 as a base of operations or training or as a sanctuary or which

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arms, aids, or abets in any way, terrorist organizations 5 which knowingly use the illegal seizure of aircraft or the 6 threat thereof as an instrument of policy, he may, without 7 notice or hearing and for as long as he determines neces8 sary to assure the security of aircraft against unlawful 9 seizure, suspend (1) the right of any air carrier and for10 eign air carrier to engage in foreign air transportation, and 11 any persons to operate aircraft in foreign air commerce, to 12 and from that foreign nation, and (2) the right of any for13 eign air carrier to engage in foreign air transportation, and 14 any foreign person to operate aircraft in foreign air com15 merce, between the United States and any foreign nation 16 which maintains air service between itself and that foreign 17 nation. Notwithstanding section 1102 of this Act, the Presi18 dent's authority to suspend rights in this manner shall be 19 deemed to be a condition to any certificate of public con20 venience and necessity or foreign air carrier or foreign air21 craft permit issued by the Civil Aeronautics Board and any 22 air carrier operating certificate or foreign air carrier operat23 ing specification issued by the Secretary of Transportation. "(b) It shall be unlawful for any air carrier or foreign

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25 air carrier to engage in foreign air transportation, or any

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1 person to operate aircraft in foreign air commerce, in viola

2 tion of the suspension of rights by the President under this 3 section.".

4 (b) Title XI of the Federal Aviation Act of 1958 is 5 amended by adding a new section 1115 as follows:

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6 "SECURITY STANDARDS IN FOREIGN AIR TRANSPORTATION "SEC. 1115. (a) Not later than thirty days after the 8 date of enactment of this Act the Secretary of State shall 9 notify each nation with which the United States has a 10 bilateral air transport agreement or, in the absence of such 11 agreement, each nation whose airline or airlines hold a for12 eign air carrier permit or permits issued pursuant to section 13 402 of the Federal Aviation Act of 1958, of the provisions of 14 subsection (b) of this section.

15 "(b) In any case where the Secretary of Transporta16 tion, after consultation with the competent aeronautical 17 authorities of a foreign nation with which the United States 18 has a bilateral air transport agreement and in accordance 19 with the provisions of that agreement or, in the absence of 20 such agreement, of a nation whose airline or airlines hold 21 a foreign air carrier permit or permits issued pursuant to 22 such section 402, finds that such nation does not effectively 23 maintain and administer security measures relating to trans24 portation of persons or property or mail in foreign air trans

1 portation that are equal to or above the minimum standards. 2 which are established pursuant to the Convention on Inter3 national Civil Aviation or, prior to a date when such stand4 ards are adopted and enter into force pursuant to such con5 vention, the specifications and practices set out in appendix 6 A to Resolution A17-10 of the 17th Assembly of the 7 International Civil Aviation Organization, he shall notify 8 that nation of such finding and the steps considered necessary 9 to bring the security measures of that nation to standards at 10 least equal to the minimum standards of such convention or 11 such specifications and practices of such resolution. In the 12 event of failure of that nation to take such steps, the Secre13 tary of Transportation, with the approval of the Secretary 14 of State, may withhold, revoke, or impose conditions on the operating authority of the airline or airlines of that nation." 16 SEC. 5. Section 901 (a) of the Federal Aviation Act of 17 1958 (49 U.S.C. 1471 (a)) is amended by inserting the 18 words "or section 1114" before the words "of this Act" 19 when those words first appear in this section.

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20 SEC. 6. Section 1007 (a) of the Federal Aviation Act 21 of 1958 (49 U.S.C. 1487 (a)) is amended by inserting the 22 words "or, in the case of a violation of section 1114 of this 23 Act, the Attorney General," after the words "duly au24 thorized agents,".