-CITE-
    49 USC CHAPTER 463 - PENALTIES                              01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 463 - PENALTIES

-HEAD-
                          CHAPTER 463 - PENALTIES                      

-MISC1-
    Sec.                                                     
    46301.      Civil penalties.                                      
    46302.      False information.                                    
    46303.      Carrying a weapon.                                    
    46304.      Liens on aircraft.                                    
    46305.      Actions to recover civil penalties.                   
    46306.      Registration violations involving aircraft not
                 providing air transportation.                        
    46307.      Violation of national defense airspace.               
    46308.      Interference with air navigation.                     
    46309.      Concession and price violations.                      
    46310.      Reporting and recordkeeping violations.               
    46311.      Unlawful disclosure of information.                   
    46312.      Transporting hazardous material.                      
    46313.      Refusing to appear or produce records.                
    46314.      Entering aircraft or airport area in violation of
                 security requirements.                               
    46315.      Lighting violations involving transporting controlled
                 substances by aircraft not providing air
                 transportation.                                      
    46316.      General criminal penalty when specific penalty not
                 provided.                                            
    46317.      Criminal penalty for pilots operating in air
                 transportation without an airman's certificate.      
    46318.      Interference with cabin or flight crew.               
    46319.      Permanent closure of an airport without providing
                 sufficient notice.                                   

                                AMENDMENTS                            
      2003 - Pub. L. 108-176, title I, Sec. 185(b), Dec. 12, 2003, 117
    Stat. 2518, added item 46319.
      2000 - Pub. L. 106-181, title V, Secs. 509(b), 511(b), Apr. 5,
    2000, 114 Stat. 141, 142, added items 46317 and 46318.

-End-



-CITE-
    49 USC Sec. 46301                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 463 - PENALTIES

-HEAD-
    Sec. 46301. Civil penalties

-STATUTE-
      (a) General Penalty. - (1) A person is liable to the United
    States Government for a civil penalty of not more than $25,000 (or
    $1,100 if the person is an individual or small business concern)
    for violating - 
        (A) chapter 401 (except sections 40103(a) and (d), 40105,
      40116, and 40117), chapter 411, chapter 413 (except sections
      41307 and 41310(b)-(f)), chapter 415 (except sections 41502,
      41505, and 41507-41509), chapter 417 (except sections 41703,
      41704, 41710, 41713, and 41714), chapter 419, subchapter II or
      III of chapter 421, chapter 441 (except section 44109), section
      44502(b) or (c), chapter 447 (except sections 44717 and 44719-
      44723), chapter 449 (except sections 44902, 44903(d), 44904,
      44907(a)-(d)(1)(A) and (d)(1)(C)-(f), and 44908), section
      47107(b) (including any assurance made under such section), or
      section 47133 of this title;
        (B) a regulation prescribed or order issued under any provision
      to which clause (A) of this paragraph applies;
        (C) any term of a certificate or permit issued under section
      41102, 41103, or 41302 of this title; or
        (D) a regulation of the United States Postal Service under this
      part.

      (2) A separate violation occurs under this subsection for each
    day the violation (other than a violation of section 41719)
    continues or, if applicable, for each flight involving the
    violation (other than a violation of section 41719).
      (3) Penalty for diversion of aviation revenues. - The amount of a
    civil penalty assessed under this section for a violation of
    section 47107(b) of this title (or any assurance made under such
    section) or section 47133 of this title may be increased above the
    otherwise applicable maximum amount under this section to an amount
    not to exceed 3 times the amount of revenues that are used in
    violation of such section.
      (4) Aviation security violations. - Notwithstanding paragraph (1)
    of this subsection, the maximum civil penalty for violating chapter
    449 or another requirement under this title administered by the
    Under Secretary of Transportation for Security shall be $10,000;
    except that the maximum civil penalty shall be $25,000 in the case
    of a person operating an aircraft for the transportation of
    passengers or property for compensation (except an individual
    serving as an airman).
      (5) Penalties applicable to individuals and small business
    concerns. - 
        (A) An individual (except an airman serving as an airman) or
      small business concern is liable to the Government for a civil
      penalty of not more than $10,000 for violating - 
          (i) chapter 401 (except sections 40103(a) and (d), 40105,
        40106(b), 40116, and 40117), section 44502 (b) or (c), chapter
        447 (except sections 44717-44723), or chapter 449 (except
        sections 44902, 44903(d), 44904, and 44907-44909) of this
        title; or
          (ii) a regulation prescribed or order issued under any
        provision to which clause (i) applies.

        (B) A civil penalty of not more than $10,000 may be imposed for
      each violation under paragraph (1) committed by an individual or
      small business concern related to - 
          (i) the transportation of hazardous material;
          (ii) the registration or recordation under chapter 441 of an
        aircraft not used to provide air transportation;
          (iii) a violation of section 44718(d), relating to the
        limitation on construction or establishment of landfills;
          (iv) a violation of section 44725, relating to the safe
        disposal of life-limited aircraft parts; or
          (v) a violation of section 40127 or section 41705, relating
        to discrimination.

        (C) Notwithstanding paragraph (1), the maximum civil penalty
      for a violation of section 41719 committed by an individual or
      small business concern shall be $5,000 instead of $1,000.
        (D) Notwithstanding paragraph (1), the maximum civil penalty
      for a violation of section 41712 (including a regulation
      prescribed or order issued under such section) or any other
      regulation prescribed by the Secretary by an individual or small
      business concern that is intended to afford consumer protection
      to commercial air transportation passengers shall be $2,500 for
      each violation.

      (b) Smoke Alarm Device Penalty. - (1) A passenger may not tamper
    with, disable, or destroy a smoke alarm device located in a
    lavatory on an aircraft providing air transportation or intrastate
    air transportation.
      (2) An individual violating this subsection is liable to the
    Government for a civil penalty of not more than $2,000.
      (c) Procedural Requirements. - (1) The Secretary of
    Transportation may impose a civil penalty for the following
    violations only after notice and an opportunity for a hearing:
        (A) a violation of subsection (b) of this section or chapter
      411, chapter 413 (except sections 41307 and 41310(b)-(f)),
      chapter 415 (except sections 41502, 41505, and 41507-41509),
      chapter 417 (except sections 41703, 41704, 41710, 41713, and
      41714), chapter 419, subchapter II of chapter 421, or section
      44909 of this title.
        (B) a violation of a regulation prescribed or order issued
      under any provision to which clause (A) of this paragraph
      applies.
        (C) a violation of any term of a certificate or permit issued
      under section 41102, 41103, or 41302 of this title.
        (D) a violation under subsection (a)(1) of this section related
      to the transportation of hazardous material.

      (2) The Secretary shall give written notice of the finding of a
    violation and the civil penalty under paragraph (1) of this
    subsection.
      (d) Administrative Imposition of Penalties. - (1) In this
    subsection - 
        (A) "flight engineer" means an individual who holds a flight
      engineer certificate issued under part 63 of title 14, Code of
      Federal Regulations.
        (B) "mechanic" means an individual who holds a mechanic
      certificate issued under part 65 of title 14, Code of Federal
      Regulations.
        (C) "pilot" means an individual who holds a pilot certificate
      issued under part 61 of title 14, Code of Federal Regulations.
        (D) "repairman" means an individual who holds a repairman
      certificate issued under part 65 of title 14, Code of Federal
      Regulations.

      (2) The Administrator of the Federal Aviation Administration may
    impose a civil penalty for a violation of chapter 401 (except
    sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117),
    chapter 441 (except section 44109), section 44502(b) or (c),
    chapter 447 (except sections 44717 and 44719-44723) or section
    46301(b), 46302 (for a violation relating to section 46504), 46318,
    or 47107(b) (as further defined by the Secretary under section
    47107(l) and including any assurance made under section 47107(b))
    of this title or a regulation prescribed or order issued under any
    of those provisions. The Secretary of Homeland Security may impose
    a civil penalty for a violation of chapter 449 (except sections
    44902, 44903(d), 44907(a)-(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and
    44909), 46302 (!1) (except for a violation relating to section
    46504), 46303,(!1) or a regulation prescribed or order issued under
    such chapter 449. The Secretary of Homeland Security or
    Administrator shall give written notice of the finding of a
    violation and the penalty.

      (3) In a civil action to collect a civil penalty imposed by the
    Secretary of Homeland Security or Administrator under this
    subsection, the issues of liability and the amount of the penalty
    may not be reexamined.
      (4) Notwithstanding paragraph (2) of this subsection, the
    district courts of the United States have exclusive jurisdiction of
    a civil action involving a penalty the Secretary of Homeland
    Security or Administrator initiates if - 
        (A) the amount in controversy is more than - 
          (i) $50,000 if the violation was committed by any person
        before the date of enactment of the Vision 100 - Century of
        Aviation Reauthorization Act;
          (ii) $400,000 if the violation was committed by a person
        other than an individual or small business concern on or after
        that date; or
          (iii) $50,000 if the violation was committed by an individual
        or small business concern on or after that date;

        (B) the action is in rem or another action in rem based on the
      same violation has been brought;
        (C) the action involves an aircraft subject to a lien that has
      been seized by the Government; or
        (D) another action has been brought for an injunction based on
      the same violation.

      (5)(A) The Administrator may issue an order imposing a penalty
    under this subsection against an individual acting as a pilot,
    flight engineer, mechanic, or repairman only after advising the
    individual of the charges or any reason the Administrator relied on
    for the proposed penalty and providing the individual an
    opportunity to answer the charges and be heard about why the order
    shall not be issued.
      (B) An individual acting as a pilot, flight engineer, mechanic,
    or repairman may appeal an order imposing a penalty under this
    subsection to the National Transportation Safety Board. After
    notice and an opportunity for a hearing on the record, the Board
    shall affirm, modify, or reverse the order. The Board may modify a
    civil penalty imposed to a suspension or revocation of a
    certificate.
      (C) When conducting a hearing under this paragraph, the Board is
    not bound by findings of fact of the Administrator but is bound by
    all validly adopted interpretations of laws and regulations the
    Administrator carries out and of written agency policy guidance
    available to the public related to sanctions to be imposed under
    this section unless the Board finds an interpretation is arbitrary,
    capricious, or otherwise not according to law.
      (D) When an individual files an appeal with the Board under this
    paragraph, the order of the Administrator is stayed.
      (6) An individual substantially affected by an order of the Board
    under paragraph (5) of this subsection, or the Administrator when
    the Administrator decides that an order of the Board under
    paragraph (5) will have a significant adverse impact on carrying
    out this part, may obtain judicial review of the order under
    section 46110 of this title. The Administrator shall be made a
    party to the judicial review proceedings. Findings of fact of the
    Board are conclusive if supported by substantial evidence.
      (7)(A) The Administrator may impose a penalty on a person (except
    an individual acting as a pilot, flight engineer, mechanic, or
    repairman) only after notice and an opportunity for a hearing on
    the record.
      (B) In an appeal from a decision of an administrative law judge
    as the result of a hearing under subparagraph (A) of this
    paragraph, the Administrator shall consider only whether - 
        (i) each finding of fact is supported by a preponderance of
      reliable, probative, and substantial evidence;
        (ii) each conclusion of law is made according to applicable
      law, precedent, and public policy; and
        (iii) the judge committed a prejudicial error that supports the
      appeal.

      (C) Except for good cause, a civil action involving a penalty
    under this paragraph may not be initiated later than 2 years after
    the violation occurs.
      (D) In the case of a violation of section 47107(b) of this title
    or any assurance made under such section - 
        (i) a civil penalty shall not be assessed against an
      individual;
        (ii) a civil penalty may be compromised as provided under
      subsection (f); and
        (iii) judicial review of any order assessing a civil penalty
      may be obtained only pursuant to section 46110 of this title.

      (8) The maximum civil penalty the Under Secretary, Administrator,
    or Board may impose under this subsection is - 
        (A) $50,000 if the violation was committed by any person before
      the date of enactment of the Vision 100 - Century of Aviation
      Reauthorization Act;
        (B) $400,000 if the violation was committed by a person other
      than an individual or small business concern on or after that
      date; or
        (C) $50,000 if the violation was committed by an individual or
      small business concern on or after that date.

      (9) This subsection applies only to a violation occurring after
    August 25, 1992.
      (e) Penalty Considerations. - In determining the amount of a
    civil penalty under subsection (a)(3) of this section related to
    transportation of hazardous material, the Secretary shall consider -
     
        (1) the nature, circumstances, extent, and gravity of the
      violation;
        (2) with respect to the violator, the degree of culpability,
      any history of prior violations, the ability to pay, and any
      effect on the ability to continue doing business; and
        (3) other matters that justice requires.

      (f) Compromise and Setoff. - (1)(A) The Secretary may compromise
    the amount of a civil penalty imposed for violating - 
        (i) chapter 401 (except sections 40103(a) and (d), 40105,
      40116, and 40117), chapter 441 (except section 44109), section
      44502(b) or (c), chapter 447 (except sections 44717 and 44719-
      44723), or chapter 449 (except sections 44902, 44903(d), 44904,
      44907(a)-(d)(1)(A) and (d)(1)(C)-(f), 44908, and 44909) of this
      title; or
        (ii) a regulation prescribed or order issued under any
      provision to which clause (i) of this subparagraph applies.

      (B) The Postal Service may compromise the amount of a civil
    penalty imposed under subsection (a)(1)(D) of this section.
      (2) The Government may deduct the amount of a civil penalty
    imposed or compromised under this subsection from amounts it owes
    the person liable for the penalty.
      (g) Judicial Review. - An order of the Secretary or the
    Administrator imposing a civil penalty may be reviewed judicially
    only under section 46110 of this title.
      (h) Nonapplication. - (1) This section does not apply to the
    following when performing official duties:
        (A) a member of the armed forces of the United States.
        (B) a civilian employee of the Department of Defense subject to
      the Uniform Code of Military Justice.

      (2) The appropriate military authority is responsible for taking
    necessary disciplinary action and submitting to the Secretary (or
    the Under Secretary of Transportation for Security with respect to
    security duties and powers designated to be carried out by the
    Under Secretary or the Administrator with respect to aviation
    safety duties and powers designated to be carried out by the
    Administrator) a timely report on action taken.
      (i) Small Business Concern Defined. - In this section, the term
    "small business concern" has the meaning given that term in section
    3 of the Small Business Act (15 U.S.C. 632).

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1231; Pub. L.
    103-305, title I, Sec. 112(c), title II, Sec. 207(c), Aug. 23,
    1994, 108 Stat. 1575, 1588; Pub. L. 103-429, Sec. 6(60), Oct. 31,
    1994, 108 Stat. 4385; Pub. L. 104-264, title V, Sec. 502(c), title
    VIII, Sec. 804(b), title XII, Sec. 1220(b), Oct. 9, 1996, 110 Stat.
    3263, 3271, 3286; Pub. L. 104-287, Sec. 5(77), Oct. 11, 1996, 110
    Stat. 3396; Pub. L. 105-102, Sec. 3(c)(4), Nov. 20, 1997, 111 Stat.
    2215; Pub. L. 106-181, title II, Sec. 222, title V, Secs. 503(c),
    504(b), 519(c), title VII, Secs. 707(b), 720, Apr. 5, 2000, 114
    Stat. 102, 133, 134, 149, 158, 163; Pub. L. 106-424, Sec. 15, Nov.
    1, 2000, 114 Stat. 1888; Pub. L. 107-71, title I, Sec. 140(d)(1)-
    (4), Nov. 19, 2001, 115 Stat. 642; Pub. L. 107-296, title XVI,
    Sec. 1602, Nov. 25, 2002, 116 Stat. 2312; Pub. L. 108-176, title V,
    Sec. 503(a)-(c), Dec. 12, 2003, 117 Stat. 2557, 2558; Pub. L. 108-
    458, title IV, Sec. 4027(a), Dec. 17, 2004, 118 Stat. 3727.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
       Revised       Source (U.S. Code)      Source (Statutes at Large) 
       Section                                                          
    --------------------------------------------------------------------
    46301(a)        49 App.:1303 (note).    Nov. 18, 1988, Pub. L.      
                                             100-690, Sec. 7214, 102    
                                             Stat. 4434.                
                    49 App.:1405 (last      Aug. 23, 1958, Pub. L.      
                     sentence).              85-726, Sec. 505 (last     
                                             sentence), 72 Stat. 774.   
                    49 App.:1471(a)(1)      Aug. 23, 1958, Pub. L.      
                     (1st, 2d sentences      85-726, Sec. 901(a)(1)     
                     less subchapter         (less title VII), 72 Stat. 
                     VII).                   783; restated July 10,     
                                             1962, Pub. L. 87-528, Sec. 
                                             12, 76 Stat. 149; Aug. 5,  
                                             1974, Pub. L. 93-366, Sec. 
                                             107, 88 Stat. 414; Jan. 3, 
                                             1975, Pub. L. 93-633, Sec. 
                                             113(b), 88 Stat. 2162; Oct.
                                             24, 1978, Pub. L. 95-504,  
                                             Sec. 35(a), 92 Stat. 1740; 
                                             Aug. 8, 1985, Pub. L.      
                                             99-83, Sec. 551(b)(2), 99  
                                             Stat. 225; Dec. 30, 1987,  
                                             Pub. L. 100-223, Sec.      
                                             204(a)- (c), 101 Stat.     
                                             1519; Nov. 18, 1988, Pub.  
                                             L. 100-690, Sec. 7208(a),  
                                             102 Stat. 4429.            
                    49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.      
                                             89-670, Sec. 6(c)(1), 80   
                                             Stat. 938; Jan. 12, 1983,  
                                             Pub. L. 97-449, Sec. 7(b), 
                                             96 Stat. 2444.             
    46301(b)        49 App.:1374(d)(2).     Aug. 23, 1958, Pub. L.      
                                             85-726, 72 Stat. 731, Sec. 
                                             404(d)(2); added Dec. 22,  
                                             1987, Pub. L. 100-202, Sec.
                                             328(a), 101 Stat. 1329-383.
    46301(c)        49 App.:1471(a)(1)                                  
                     (3d, 5th sentences                                 
                     less subchapter                                    
                     VII).                                              
                    49                      Aug. 23, 1958, Pub. L.      
                     App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec. 
                                             1601(b)(1)(E); added Oct.  
                                             4, 1984, Pub. L. 98-443,   
                                             Sec. 3(e), 98 Stat. 1704.  
    46301(d)(1)     49                      Aug. 23, 1958, Pub. L.      
                     App.:1471(a)(3)(H).     85-726, 72 Stat. 731, Sec. 
                                             901(a)(3) (less (D)(v)     
                                             (related to Administrator  
                                             under title VII)); added   
                                             Nov. 18, 1988, Pub. L.     
                                             100-690, Sec. 7208(b), 102 
                                             Stat. 4429; restated Aug.  
                                             26, 1992, Pub. L. 102-345, 
                                             Sec. 2(a), 106 Stat. 923;  
                                             Oct. 31, 1992, Pub. L.     
                                             102-581, Sec. 208, 106     
                                             Stat. 4895.                
    46301(d)(2)     49 App.:1303 (note).    Nov. 18, 1988, Pub. L.      
                                             100-690, Sec. 7214, 102    
                                             Stat. 4434.                
                    49                                                  
                     App.:1471(a)(3)(A).                                
    46301(d)(3)     49                                                  
                     App.:1471(a)(3)(B).                                
    46301(d)(4)     49                                                  
                     App.:1471(a)(3)(C).                                
    46301(d)(5)     49 App.:1471(a)                                     
                     (3)(D)(i)-(iv).                                    
    46301(d)(6)     49 App.:1471(a)                                     
                     (3)(D)(v) (less                                    
                     Administrator under                                
                     subch. VII).                                       
    46301(d)(7)     49                                                  
                     App.:1471(a)(3)(E).                                
    46301(d)(8)     49                                                  
                     App.:1471(a)(3)(G).                                
    46301(d)(9)     49                                                  
                     App.:1471(a)(3)(F).                                
    46301(e)        49 App.:1471(a)(1)                                  
                     (4th sentence less                                 
                     subchapter VII).                                   
    46301(f)        49 App.:1471(a)(2)      Aug. 23, 1958, Pub. L.      
                     (related to             85-726, Sec. 901(a)(2)     
                     subchapter III, V,      (related to title III, V,  
                     VI, or XII, Sec.        VI, or XII, Sec. 1101,     
                     1501, 1514, or          1114, or 1115(e)(2)(B), and
                     1515(e)(2)(B), and      Postmaster General), 72    
                     Postal Service).        Stat. 784; July 10, 1962,  
                                             Pub. L. 87-528, Sec. 12, 76
                                             Stat. 150; restated Oct.   
                                             24, 1978, Pub. L. 95-504,  
                                             Sec. 35(b), 92 Stat. 1740; 
                                             Dec. 30, 1987, Pub. L.     
                                             100-223, Sec. 204(d), 101  
                                             Stat. 1519.                
                    49                                                  
                     App.:1551(b)(1)(E).                                
    46301(g)        49 App.:1471(a)(1)                                  
                     (6th sentence less                                 
                     subchapter VII).                                   
                    49                                                  
                     App.:1551(b)(1)(E).                                
    46301(h)        49 App.:1471(a)(1)                                  
                     (last sentence less                                
                     subchapter VII).                                   
                    49                                                  
                     App.:1551(b)(1)(E).                                
    --------------------------------------------------------------------

      In this section, the word "prescribed" is added for consistency
    in the revised title and with other titles of the United States
    Code. The words "United States Postal Service" and "Postal Service"
    are substituted for "Postmaster General" because of section 4(a) of
    the Postal Reorganization Act (Public Law 91-375, 84 Stat. 773).
      In subsections (a)(1)(C) and (c), the words "condition, or
    limitation" are omitted as surplus.
      In subsection (a)(2), before clause (A), the words "occurring
    after December 30, 1987" are omitted as obsolete.
      In subsection (b)(1), the word "providing" is substituted for
    "engaged in" for consistency in the revised title.
      In subsection (b)(2), the words "in accordance with section 1471
    of this Appendix" are omitted as surplus.
      In subsection (c)(1), before clause (A), the words "or his
    delegate" are omitted because of 49:322(b). The word "impose" is
    substituted for "assessed" for consistency. The words "amount of
    any such" are omitted as surplus.
      In subsection (d), the word "impose" is substituted for "assess"
    for consistency.
      In subsection (d)(1), before clause (A), the words "the following
    definitions apply" are omitted as surplus.
      In subsection (d)(2), the text of section 7214 of the Anti-Drug
    Abuse Act of 1988 (Public Law 100-690, 102 Stat 4434) is omitted as
    obsolete. The words "or the delegate of the Administrator" are
    omitted because of 49:322(b).
      In subsection (d)(4)(C), the word "or" is substituted for "and"
    for clarity.
      In subsection (d)(5)(B) and (7)(A), the words "in accordance with
    section 554 of title 5" are omitted for consistency in the revised
    title and because 5:554 applies to a hearing on the record unless
    otherwise stated.
      In subsection (d)(5)(B), the words "consistent with this
    subsection" are omitted as surplus.
      In subsection (d)(5)(C), the word "Administrator" is substituted
    for "Federal Aviation Administration" because of 49:106(b) and (g).
      In subsection (d)(7)(B), before clause (i), the words "as the
    result of a hearing under subparagraph (A) of this paragraph" are
    added for clarity.
      In subsection (e), before clause (1), the words "civil penalty
    under subsection (a)(3) of this section related to transportation
    of hazardous material" are substituted for "such penalty" for
    clarity. In clause (1), the word "committed" is omitted as surplus.
      In subsection (f)(2), the word "imposed" is substituted for "when
    finally determined or fixed by order of the Board" for consistency.
    The words "agreed upon" are omitted as surplus.
      In subsection (g), the word "imposing" is substituted for
    "assessing" for consistency.
      In subsection (h)(2), the words "with respect thereto" are
    omitted as surplus. The word "Administrator" in section 901(a)(1)
    of the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat.
    783) is retained on authority of 49:106(g).

                              PUB. L. 103-429                          
      This amends 49:46301(a)(1)(A) and (2)(A), (c)(1)(A), (d)(2), and
    (f)(1)(A)(i) to correct erroneous cross-references.

                  PUB. L. 104-287, SEC. 5(77)(A) AND (B)              
      These amend 49:46301(a)(1)(A) and (2)(A) to correct errors in the
    codification enacted by section 1 of the Act of July 5, 1994
    (Public Law 103-272, 108 Stat. 1231), to include in the cross-
    reference sections enacted after the cutoff date for the
    codification of title 49 as enacted by section 1 of the Act (Public
    Law 103-272, 108 Stat. 745), and to make it easier to include
    future sections in the cross-reference by restating it in terms of
    chapters.

                      PUB. L. 104-287, SEC. 5(77)(C)                  
      This makes a conforming amendment to 49:46301(a)(3).

                    PUB. L. 104-287, SEC. 5(77)(D)-(F)                
      These amend 49:46301(c)(1)(A), (d)(2), and (f)(1)(A)(i) to
    correct errors in the codification enacted by section 1 of the Act
    of July 5, 1994 (Public Law 103-272, 108 Stat. 1231), to include in
    the cross-reference sections enacted after the cutoff date for the
    codification of title 49 as enacted by section 1 of the Act (Public
    Law 103-272, 108 Stat. 745), and to make it easier to include
    future sections in the cross-reference by restating it in terms of
    chapters.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of the Vision 100 - Century of Aviation
    Reauthorization Act, referred to in subsec. (d)(4)(A), (8), is the
    date of enactment of Pub. L. 108-176, which was approved Dec. 12,
    2003.


-MISC2-
                                AMENDMENTS                            
      2004 - Subsec. (d)(2). Pub. L. 108-458, Sec. 4027(a)(1)-(3),
    substituted "46302 (for a violation relating to section 46504),"
    for "46302, 46303,", "The Secretary of Homeland Security may" for
    "The Under Secretary of Transportation for Security may", "44909),
    46302 (except for a violation relating to section 46504), 46303,"
    for "44909)", and "The Secretary of Homeland Security or" for "The
    Under Secretary or".
      Subsec. (d)(3). Pub. L. 108-458, Sec. 4027(a)(3), substituted
    "Secretary of Homeland Security or" for "Under Secretary or".
      Subsec. (d)(4). Pub. L. 108-458, Sec. 4027(a)(3), substituted
    "Secretary of Homeland Security or" for "Under Secretary or" in
    introductory provisions.
      Subsec. (d)(4)(A). Pub. L. 108-458, Sec. 4027(a)(4), realigned
    margins.
      2003 - Subsec. (a)(1). Pub. L. 108-176, Sec. 503(a)(1),
    substituted "$25,000 (or $1,100 if the person is an individual or
    small business concern)" for "$1,000" in introductory provisions.
      Subsec. (a)(1)(A). Pub. L. 108-176, Sec. 503(a)(2), (3), struck
    out "or" before "section 47107(b)" and substituted "section), or
    section 47133" for "section)".
      Subsec. (a)(2). Pub. L. 108-176, Sec. 503(a)(5), substituted
    "section 41719" for "section 41715" in two places.
      Pub. L. 108-176, Sec. 503(a)(4), redesignated par. (4) as (2) and
    struck out former par. (2) which read as follows: "A person
    operating an aircraft for the transportation of passengers or
    property for compensation (except an airman serving as an airman)
    is liable to the Government for a civil penalty of not more than
    $10,000 for violating - 
        "(A) chapter 401 (except sections 40103(a) and (d), 40105,
      40106(b), 40116, and 40117), section 44502(b) or (c), chapter 447
      (except sections 44717-44723), or chapter 449 (except sections
      44902, 44903(d), 44904, and 44907-44909) of this title; or
        "(B) a regulation prescribed or order issued under any
      provision to which clause (A) of this paragraph applies."
      Subsec. (a)(3). Pub. L. 108-176, Sec. 503(a)(4), redesignated
    par. (5) as (3) and struck out former par. (3) which read as
    follows: "A civil penalty of not more than $10,000 may be imposed
    for each violation under paragraph (1) of this subsection related
    to
        "(A) the transportation of hazardous material;
        "(B) the registration or recordation under chapter 441 of this
      title of an aircraft not used to provide air transportation;
        "(C) a violation of section 44718(d), relating to the
      limitation on construction or establishment of landfills;
        "(D) a violation of section 44725, relating to the safe
      disposal of life-limited aircraft parts; or
        "(E) a violation of section 41705, relating to discrimination
      against handicapped individuals."
      Subsec. (a)(4). Pub. L. 108-176, Sec. 503(a)(6), substituted
    "paragraph (1)" for "paragraphs (1) and (2)".
      Pub. L. 108-176, Sec. 503(a)(4), redesignated par. (8) as (4).
    Former par. (4) redesignated (2).
      Subsec. (a)(5). Pub. L. 108-176, Sec. 503(a)(7), added par. (5).
    Former par. (5) redesignated (3).
      Subsec. (a)(6). Pub. L. 108-176, Sec. 503(a)(4), struck out
    heading and text of par. (6). Text read as follows:
    "Notwithstanding paragraph (1), the maximum civil penalty for
    violating section 41715 shall be $5,000 instead of $1,000."
      Subsec. (a)(7). Pub. L. 108-176, Sec. 503(a)(4), struck out
    heading and text of par. (7). Text read as follows:
    "Notwithstanding paragraphs (1) and (4), the maximum civil penalty
    for violating section 40127 or 41712 (including a regulation
    prescribed or order issued under such section) or any other
    regulation prescribed by the Secretary that is intended to afford
    consumer protection to commercial air transportation passengers,
    shall be $2,500 for each violation."
      Subsec. (a)(8). Pub. L. 108-176, Sec. 503(a)(4), redesignated
    par. (8) as (4).
      Subsec. (d)(4)(A). Pub. L. 108-176, Sec. 503(b)(1), substituted
    "more than - " for "more than $50,000;" and added cls. (i) to
    (iii).
      Subsec. (d)(8). Pub. L. 108-176, Sec. 503(b)(2), substituted "is -
     " for "is $50,000." and added subpars. (A) to (C).
      Subsec. (i). Pub. L. 108-176, Sec. 503(c), added subsec. (i).
      2002 - Subsec. (a)(8). Pub. L. 107-296 added par. (8).
      2001 - Subsec. (d)(2). Pub. L. 107-71, Sec. 140(d)(1)(C),
    inserted "Under Secretary or" before "Administrator shall".
      Pub. L. 107-71, Sec. 140(d)(1)(B), inserted after first sentence
    "The Under Secretary of Transportation for Security may impose a
    civil penalty for a violation of chapter 449 (except sections
    44902, 44903(d), 44907(a)-(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and
    44909) or a regulation prescribed or order issued under such
    chapter 449."
      Pub. L. 107-71, Sec. 140(d)(1)(A), which directed amendment of
    subsec. (d)(2) by striking out ", chapter 449 (except sections
    44902, 44903(d), 44907(a)-(d)(1)(A) and (d)(1)(C)-(f), 44908, and
    44909),", was executed by striking out ", chapter 449 (except
    sections 44902, 44903(d), 44904, 44907(a)-(d)(1)(A) and (d)(1)(C)-
    (f), 44908, and 44909)," before "or section 46301(b)", to reflect
    the probable intent of Congress.
      Subsec. (d)(3), (4). Pub. L. 107-71, Sec. 140(d)(2), substituted
    "Under Secretary or Administrator" for "Administrator".
      Subsec. (d)(8). Pub. L. 107-71, Sec. 140(d)(3), substituted
    "Under Secretary, Administrator," for "Administrator".
      Subsec. (h)(2). Pub. L. 107-71, Sec. 140(d)(4), inserted "the
    Under Secretary of Transportation for Security with respect to
    security duties and powers designated to be carried out by the
    Under Secretary or" after "(or".
      2000 - Subsec. (a)(1)(A). Pub. L. 106-181, Secs. 519(c), 720(1),
    substituted "subchapter II or III of chapter 421" for "subchapter
    II of chapter 421" and struck out "46302, 46303, or" before
    "47107(b) (including".
      Subsec. (a)(3)(C). Pub. L. 106-181, Sec. 503(c), added subpar.
    (C).
      Subsec. (a)(3)(D), (E). Pub. L. 106-181, Secs. 504(b), 707(b),
    added subpars. (D) and (E).
      Subsec. (a)(6). Pub. L. 106-181, Sec. 222(b), inserted heading
    and realigned margins.
      Subsec. (a)(7). Pub. L. 106-181, Sec. 222(a), added par. (7).
      Subsec. (d)(2). Pub. L. 106-424 substituted "46301(b), 46302,
    46303, 46318," for "46302, 46303,".
      Subsec. (d)(7)(A). Pub. L. 106-181, Sec. 720(2), substituted "a
    penalty on a person" for "a penalty on an individual".
      Subsec. (g). Pub. L. 106-181, Sec. 720(3), inserted "or the
    Administrator" after "Secretary".
      1997 - Subsecs. (a)(1)(A), (2)(A), (d)(2), (f)(1)(A)(i). Pub. L.
    105-102 repealed Pub. L. 104-264, Secs. 502(c), 1220(b). See 1996
    Amendment notes below.
      1996 - Subsec. (a)(1)(A). Pub. L. 104-287, Sec. 5(77)(A)(iii),
    (iv), inserted "or" after "46303," and struck out ", or 41715"
    after "under such section)".
      Pub. L. 104-287, Sec. 5(77)(A)(ii), substituted "section 44502(b)
    or (c), chapter 447 (except sections 44717 and 44719-44723),
    chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)-
    (d)(1)(A) and (d)(1)(C)-(f), and 44908), or section" for "or any
    of sections 44701(a) or (b), 44702-44716, 44901, 44903(b) or (c),
    44905, 44906, 44907(d)(1)(B), 44909(a), 44912-44915, 44932-44938,".
      Pub. L. 104-287, Sec. 5(77)(A)(i), substituted "chapter 413
    (except sections 41307 and 41310(b)-(f)), chapter 415 (except
    sections 41502, 41505, and 41507-41509), chapter 417 (except
    sections 41703, 41704, 41710, 41713, and 41714)," for "any of
    sections 41301-41306, 41308-41310(a), 41501, 41503, 41504, 41506,
    41510, 41511, 41701, 41702, 41705-41709, 41711, 41712, or 41731-
    41742,".
      Pub. L. 104-264, Sec. 1220(b), which directed amendment of
    subpar. (A) by inserting "44718(d)," after "44716,", was repealed
    by Pub. L. 105-102.
      Pub. L. 104-264, Sec. 502(c)(1), which directed amendment of
    subpar. (A) by inserting "44724," after "44718(d),", was repealed
    by Pub. L. 105-102.
      Subsec. (a)(2)(A). Pub. L. 104-287, Sec. 5(77)(B), substituted ",
    section 44502(b) or (c), chapter 447 (except sections 44717-44723),
    or chapter 449 (except sections 44902, 44903(d), 44904, and 44907-
    44909)" for "or any of sections 44701(a) or (b), 44702-44716,
    44901, 44903(b) or (c), 44905, 44906, 44912-44915, or 44932-44938".
      Pub. L. 104-264, Sec. 502(c)(2), which directed amendment of
    subpar. (A) by inserting "44724," after "44716,", was repealed by
    Pub. L. 105-102.
      Subsec. (a)(3). Pub. L. 104-287, Sec. 5(77)(C), realigned margins
    of subpars. (A) and (B).
      Subsec. (a)(5). Pub. L. 104-264, Sec. 804(b), amended par. (5)
    generally. Prior to amendment, par. (5) read as follows: "In the
    case of a violation of section 47107(b) of this title, the maximum
    civil penalty for a continuing violation shall not exceed $50,000."
      Subsec. (c)(1)(A). Pub. L. 104-287, Sec. 5(77)(D)(ii), (iii),
    struck out "or" before "subchapter II" and inserted ", or section
    44909" before "of this title".
      Pub. L. 104-287, Sec. 5(77)(D)(i), substituted "chapter 413
    (except sections 41307 and 41310(b)-(f)), chapter 415 (except
    sections 41502, 41505, and 41507-41509), chapter 417 (except
    sections 41703, 41704, 41710, 41713, and 41714)," for "any of
    sections 41301-41306, 41308-41310(a), 41501, 41503, 41504, 41506,
    41510, 41511, 41701, 41702, 41705-41709, 41711, 41712, or 41731-
    41742,".
      Subsec. (d)(2). Pub. L. 104-287, Sec. 5(77)(E), substituted
    "section 44502(b) or (c), chapter 447 (except sections 44717 and
    44719-44723), chapter 449 (except sections 44902, 44903(d), 44904,
    44907(a)-(d)(1)(A) and (d)(1)(C)-(f), 44908, and 44909), or
    section" for "or any of sections 44701(a) or (b), 44702-44716,
    44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912-44915,
    44932-44938,".
      Pub. L. 104-264, Sec. 1220(b), which directed amendment of par.
    (2) by inserting "44718(d)," after "44716,", was repealed by Pub.
    L. 105-102.
      Pub. L. 104-264, Sec. 502(c)(1), which directed amendment of par.
    (2) by inserting "44724," after "44718(d),", was repealed by Pub.
    L. 105-102.
      Subsec. (f)(1)(A)(i). Pub. L. 104-287, Sec. 5(77)(F), substituted
    "section 44502(b) or (c), chapter 447 (except sections 44717 and
    44719-44723), or chapter 449 (except sections 44902, 44903(d),
    44904, 44907(a)-(d)(1)(A) and (d)(1)(C)-(f), 44908, and 44909)" for
    "or any of sections 44701(a) or (b), 44702-44716, 44901, 44903(b)
    or (c), 44905, 44906, 44907(d)(1)(B), 44912-44915, or 44932-44938".
      Pub. L. 104-264, Sec. 1220(b), which directed amendment of cl.
    (i) by inserting "44718(d)," after "44716,", was repealed by Pub.
    L. 105-102.
      Pub. L. 104-264, Sec. 502(c)(1), which directed amendment of cl.
    (i) by inserting "44724," after "44718(d),", was repealed by Pub.
    L. 105-102.
      1994 - Subsec. (a)(1)(A). Pub. L. 103-429, Sec. 6(60)(A),
    substituted "any of sections 41301-41306" for "section 41301-41306"
    and "any of sections 44701(a)" for "section 44701(a)".
      Pub. L. 103-305, Sec. 207(c)(1), inserted ", or 41715" before "of
    this title".
      Pub. L. 103-305, Sec. 112(c)(1)(A), substituted "46303, 47107(b)
    (including any assurance made under such section)" for "or 46303".
      Subsec. (a)(2)(A). Pub. L. 103-429, Sec. 6(60)(B), substituted
    "any of sections 44701(a)" for "section 44701(a)".
      Subsec. (a)(4). Pub. L. 103-305, Sec. 207(c)(2), inserted "(other
    than a violation of section 41715)" after "the violation" in two
    places.
      Subsec. (a)(5). Pub. L. 103-305, Sec. 112(c)(1)(B), added par.
    (5).
      Subsec. (a)(6). Pub. L. 103-305, Sec. 207(c)(3), added par. (6).
      Subsec. (c)(1)(A). Pub. L. 103-429, Sec. 6(60)(C), substituted
    "any of sections 41301-41306" for "section 41301-41306".
      Subsec. (d)(2). Pub. L. 103-429, Sec. 6(60)(B), substituted "any
    of sections 44701(a)" for "section 44701(a)".
      Pub. L. 103-305, Sec. 112(c)(2), substituted "46303, or 47107(b)
    (as further defined by the Secretary under section 47107(l) and
    including any assurance made under section 47107(b))" for "or
    46303".
      Subsec. (d)(7)(D). Pub. L. 103-305, Sec. 112(c)(3), added subpar.
    (D).
      Subsec. (f)(1)(A)(i). Pub. L. 103-429, Sec. 6(60)(B), substituted
    "any of sections 44701(a)" for "section 44701(a)".

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-176 applicable only to fiscal years
    beginning after Sept. 30, 2003, except as otherwise specifically
    provided, see section 3 of Pub. L. 108-176, set out as a note under
    section 106 of this title.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-181 applicable only to fiscal years
    beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,
    set out as a note under section 106 of this title.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Pub. L. 105-102, Sec. 3(c), Nov. 20, 1997, 111 Stat. 2215,
    provided that the amendment made by section 3(c)(4) is effective
    Oct. 9, 1996.
      Amendment by Pub. L. 105-102 effective as if included in the
    provisions of the Act to which the amendment relates, see section
    3(f) of Pub. L. 105-102, set out as a note under section 106 of
    this title.

                     EFFECTIVE DATE OF 1996 AMENDMENTS                 
      Amendment by Pub. L. 104-287 effective July 5, 1994, see section
    8(1) of Pub. L. 104-287, set out as a note under section 5303 of
    this title.
      Amendment by section 502(c) of Pub. L. 104-264 applicable to any
    air carrier hiring an individual as a pilot whose application was
    first received by the carrier on or after the 120th day following
    Oct. 9, 1996, see section 502(d) of Pub. L. 104-264, set out as a
    note under section 30305 of this title.
      Except as otherwise specifically provided, amendment by Pub. L.
    104-264 applicable only to fiscal years beginning after Sept. 30,
    1996, and not to be construed as affecting funds made available for
    a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.
    104-264, set out as a note under section 106 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENTS                 
      Amendment by Pub. L. 103-429 effective July 5, 1994, see section
    9 of Pub. L. 103-429, set out as a note under section 321 of this
    title.
      Amendment by section 207(c) of Pub. L. 103-305 effective Feb. 1,
    1995, see section 207(d) of Pub. L. 103-305, set out as an
    Effective Date note under section 41719 of this title.

                             SAVINGS PROVISION                         
      Pub. L. 102-345, Sec. 2(c), Aug. 26, 1992, 106 Stat. 925,
    provided that: "Notwithstanding subsections (a) and (b) of this
    section, sections 901(a)(3) and 905 of the Federal Aviation Act of
    1958 [Pub. L. 85-726] as in effect on July 31, 1992, shall continue
    in effect on and after such date of enactment with respect to
    violations of the Federal Aviation Act of 1958 occurring before
    such date of enactment."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the Transportation Security Administration of the Department of
    Transportation, including the functions of the Secretary of
    Transportation, and of the Under Secretary of Transportation for
    Security, relating thereto, to the Secretary of Homeland Security,
    and for treatment of related references, see sections 203(2),
    551(d), 552(d), and 557 of Title 6, Domestic Security, and the
    Department of Homeland Security Reorganization Plan of November 25,
    2002, as modified, set out as a note under section 542 of Title 6.

-FOOTNOTE-
    (!1) So in original. Probably should be preceded by "section".


-End-



-CITE-
    49 USC Sec. 46302                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 463 - PENALTIES

-HEAD-
    Sec. 46302. False information

-STATUTE-
      (a) Civil Penalty. - A person that, knowing the information to be
    false, gives, or causes to be given, under circumstances in which
    the information reasonably may be believed, false information about
    an alleged attempt being made or to be made to do an act that would
    violate section 46502(a), 46504, 46505, or 46506 of this title, is
    liable to the United States Government for a civil penalty of not
    more than $10,000 for each violation.
      (b) Compromise and Setoff. - (1) The Secretary of Homeland
    Security and, for a violation relating to section 46504, the
    Secretary of Transportation, may compromise the amount of a civil
    penalty imposed under subsection (a) of this section.
      (2) The Government may deduct the amount of a civil penalty
    imposed or compromised under this section from amounts it owes the
    person liable for the penalty.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1234; Pub. L.
    108-458, title IV, Sec. 4027(b), Dec. 17, 2004, 118 Stat. 3727.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    46302(a)       49 App.:1471(c).        Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            901(c); added Oct. 12, 1984,
                                            Pub. L. 98-473, Sec.        
                                            2014(a)(1), 98 Stat. 2189.  
    46302(b)       49 App.:1471(a)(2)      Aug. 23, 1958, Pub. L.       
                    (related to             85-726, Sec. 901(a)(2)      
                    1471(c)).               (related to Sec. 901(c)), 72
                                            Stat. 784; July 10, 1962,   
                                            Pub. L. 87-528, Sec. 12, 76 
                                            Stat. 150; restated Oct. 24,
                                            1978, Pub. L. 95-504, Sec.  
                                            35(b), 92 Stat. 1740; Oct.  
                                            12, 1984, Pub. L. 98-473,   
                                            Sec. 2014(b), 98 Stat. 2189.
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
    --------------------------------------------------------------------

      In subsection (a), the words "gives, or causes to be given" are
    substituted for "imparts or conveys or causes to be imparted or
    conveyed" to eliminate unnecessary words. The words "attempt or",
    "a crime", and "which shall be recoverable in a civil action
    brought in the name of the United States" are omitted as surplus.
      In subsection (b)(1), the words "imposed under" are substituted
    for "provided for in" for consistency.
      In subsection (b)(2), the words "imposed or compromised" are
    substituted for "The amount of such penalty when finally determined
    or fixed by order of the Board, or the amount agreed upon in
    compromise" to eliminate unnecessary words.

                                AMENDMENTS                            
      2004 - Subsec. (b)(1). Pub. L. 108-458 substituted "Secretary of
    Homeland Security and, for a violation relating to section 46504,
    the Secretary of Transportation," for "Secretary of
    Transportation".

-End-



-CITE-
    49 USC Sec. 46303                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 463 - PENALTIES

-HEAD-
    Sec. 46303. Carrying a weapon

-STATUTE-
      (a) Civil Penalty. - An individual who, when on, or attempting to
    board, an aircraft in, or intended for operation in, air
    transportation or intrastate air transportation, has on or about
    the individual or the property of the individual a concealed
    dangerous weapon that is or would be accessible to the individual
    in flight is liable to the United States Government for a civil
    penalty of not more than $10,000 for each violation.
      (b) Compromise and Setoff. - (1) The Secretary of Homeland
    Security may compromise the amount of a civil penalty imposed under
    subsection (a) of this section.
      (2) The Government may deduct the amount of a civil penalty
    imposed or compromised under this section from amounts it owes the
    individual liable for the penalty.
      (c) Nonapplication. - This section does not apply to - 
        (1) a law enforcement officer of a State or political
      subdivision of a State, or an officer or employee of the
      Government, authorized to carry arms in an official capacity; or
        (2) another individual the Administrator of the Federal
      Aviation Administration or the Secretary of Homeland Security by
      regulation authorizes to carry arms in an official capacity.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1234; Pub. L.
    107-71, title I, Sec. 140(d)(5), Nov. 19, 2001, 115 Stat. 642; Pub.
    L. 108-458, title IV, Sec. 4027(c), Dec. 17, 2004, 118 Stat. 3727.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    46303(a)       49 App.:1471(d)         Aug. 23, 1958, Pub. L.       
                    (words after 3d         85-726, 72 Stat. 731, Sec.  
                    comma).                 901(d); added Oct. 12, 1984,
                                            Pub. L. 98-473, Sec.        
                                            2014(a)(1), 98 Stat. 2189.  
    46303(b)       49 App.:1471(a)(2)      Aug. 23, 1958, Pub. L.       
                    (related to             85-726, Sec. 901(a)(2)      
                    1471(d)).               (related to Sec. 901(d)), 72
                                            Stat. 784; July 10, 1962,   
                                            Pub. L. 87-528, Sec. 12, 76 
                                            Stat. 150; restated Oct. 24,
                                            1978, Pub. L. 95-504, Sec.  
                                            35(b), 92 Stat. 1740; Oct.  
                                            12, 1984, Pub. L. 98-473,   
                                            Sec. 2014(b), 98 Stat. 2189.
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
    46303(c)       49 App.:1471(d)                                      
                    (words before 3d                                    
                    comma).                                             
    --------------------------------------------------------------------

      In subsection (a), the words "deadly or" and "which shall be
    recoverable in a civil action brought in the name of the United
    States" are omitted as surplus.
      In subsection (b)(1), the words "imposed under" are substituted
    for "provided for in" for consistency.
      In subsection (b)(2), the words "imposed or compromised" are
    substituted for "The amount of such penalty when finally determined
    or fixed by order of the Board, or the amount agreed upon in
    compromise" to eliminate unnecessary words.
      In subsection (c)(1), the words "State or political subdivision
    of a State" are substituted for "municipal or State government" for
    consistency in the revised title and with other titles of the
    United States Code. The words "or required" are omitted as surplus.

                                AMENDMENTS                            
      2004 - Subsec. (b)(1). Pub. L. 108-458, Sec. 4027(c)(1),
    substituted "Secretary of Homeland Security" for "Secretary of
    Transportation".
      Subsec. (c)(2). Pub. L. 108-458, Sec. 4027(c)(2), substituted
    "Secretary of Homeland Security" for "Under Secretary of
    Transportation for Security".
      2001 - Subsec. (c)(2). Pub. L. 107-71 inserted "or the Under
    Secretary of Transportation for Security" after "Federal Aviation
    Administration".

-End-



-CITE-
    49 USC Sec. 46304                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 463 - PENALTIES

-HEAD-
    Sec. 46304. Liens on aircraft

-STATUTE-
      (a) Aircraft Subject to Liens. - When an aircraft is involved in
    a violation referred to in section 46301(a)(1)(A)-(C) of this title
    and the violation is by the owner of, or individual commanding, the
    aircraft, the aircraft is subject to a lien for the civil penalty.
      (b) Seizure. - An aircraft subject to a lien under this section
    may be seized summarily and placed in the custody of a person
    authorized to take custody of it under regulations of the Secretary
    of Transportation (or the Administrator of the Federal Aviation
    Administration with respect to aviation safety duties and powers
    designated to be carried out by the Administrator). A report on the
    seizure shall be submitted to the Attorney General. The Attorney
    General promptly shall bring a civil action in rem to enforce the
    lien or notify the Secretary or Administrator that the action will
    not be brought.
      (c) Release. - An aircraft seized under subsection (b) of this
    section shall be released from custody when - 
        (1) the civil penalty is paid;
        (2) a compromise amount agreed on is paid;
        (3) the aircraft is seized under a civil action in rem to
      enforce the lien;
        (4) the Attorney General gives notice that a civil action will
      not be brought under subsection (b) of this section; or
        (5) a bond (in an amount and with a surety the Secretary or
      Administrator prescribes), conditioned on payment of the penalty
      or compromise, is deposited with the Secretary or Administrator.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1235; Pub. L.
    108-176, title V, Sec. 503(d)(2), Dec. 12, 2003, 117 Stat. 2559.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    46304(a)       49 App.:1471(b).        Aug. 23, 1958, Pub. L.       
                                            85-726, Secs. 901(b),       
                                            903(b)(2), (3), 72 Stat.    
                                            784, 786.                   
    46304(b)       49 App.:1473(b)(2).                                  
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    46304(c)       49 App.:1473(b)(3).                                  
                   49                                                   
                    App.:1551(b)(1)(E).                                 
                   49 App.:1655(c)(1).                                  
    --------------------------------------------------------------------

      In this section, the word "civil" is added before "penalty" for
    consistency in the revised title and with other titles of the
    United States Code.
      In subsections (b) and (c), the word "Administrator" in section
    902(b)(2) and (3) of the Federal Aviation Act of 1958 (Public Law
    85-726, 72 Stat. 786) is retained on authority of 49:106(g). The
    words "Attorney General" are substituted for "United States
    attorney for the judicial district in which the seizure is made"
    and "United States attorney" because of 28:503 and 509.
      In subsection (b), the words "report on the seizure" are
    substituted for "report of the cause" for clarity. The words "bring
    a civil action in rem" are substituted for "institute proceedings"
    for clarity and consistency in the revised title and with other
    titles of the Code and the Federal Rules of Civil Procedure (28
    App. U.S.C.). The words "that the action will not be brought" are
    substituted for "of his failure to so act" for clarity.
      In subsection (c)(3), the words "under a civil action in rem" are
    substituted for "in pursuance of process of any court in
    proceedings in rem" to eliminate unnecessary words and for
    consistency.

                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-176 struck out ", (2), or (3)"
    after "section 46301(a)(1)(A)-(C)".

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-176 applicable only to fiscal years
    beginning after Sept. 30, 2003, except as otherwise specifically
    provided, see section 3 of Pub. L. 108-176, set out as a note under
    section 106 of this title.

-End-



-CITE-
    49 USC Sec. 46305                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 463 - PENALTIES

-HEAD-
    Sec. 46305. Actions to recover civil penalties

-STATUTE-
      A civil penalty under this chapter may be collected by bringing a
    civil action against the person subject to the penalty, a civil
    action in rem against an aircraft subject to a lien for a penalty,
    or both. The action shall conform as nearly as practicable to a
    civil action in admiralty, regardless of the place an aircraft in a
    civil action in rem is seized. However, a party may demand a jury
    trial of an issue of fact in an action involving a civil penalty
    under this chapter (except a penalty imposed by the Secretary of
    Transportation that formerly was imposed by the Civil Aeronautics
    Board) if the value of the matter in controversy is more than $20.
    Issues of fact tried by a jury may be reexamined only under common
    law rules.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1235.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    46305          49 App.:1473(b)(1).     Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 903(b)(1), 72  
                                            Stat. 786; Oct. 24, 1978,   
                                            Pub. L. 95-504, Sec. 36, 92 
                                            Stat. 1741.                 
                   49 App.:1473(b)(4).     Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 903(b)(4), 72  
                                            Stat. 787.                  
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
    --------------------------------------------------------------------

      The text of 49 App.:1473(b)(4) is omitted because of 28:ch. 131.
    The words "imposed or assessed" are omitted as surplus. The words
    "bringing a civil action" are substituted for "proceedings in
    personam", the words "civil action in rem" are substituted for
    "proceedings in rem", and the words "civil action" are substituted
    for "civil suits", for consistency in the revised title and with
    other titles of the United States Code and the Federal Rules of
    Civil Procedure (28 App. U.S.C.). The words "regardless of the
    place an aircraft in a civil action in rem is seized" are
    substituted for 49 App.:1473(b)(1) (last sentence) to eliminate
    unnecessary words. The word "civil" is added after "involving a"
    for clarity. The words "(except a penalty imposed by the Secretary
    of Transportation that formerly was imposed by the Civil
    Aeronautics Board)" are substituted for "other than those assessed
    by the Board" because the Civil Aeronautics Board went out of
    existence and its duties and powers were transferred to the
    Secretary of Transportation.

-End-



-CITE-
    49 USC Sec. 46306                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 463 - PENALTIES

-HEAD-
    Sec. 46306. Registration violations involving aircraft not
      providing air transportation

-STATUTE-
      (a) Application. - This section applies only to aircraft not used
    to provide air transportation.
      (b) General Criminal Penalty. - Except as provided by subsection
    (c) of this section, a person shall be fined under title 18,
    imprisoned for not more than 3 years, or both, if the person - 
        (1) knowingly and willfully forges or alters a certificate
      authorized to be issued under this part;
        (2) knowingly sells, uses, attempts to use, or possesses with
      the intent to use, such a certificate;
        (3) knowingly and willfully displays or causes to be displayed
      on an aircraft a mark that is false or misleading about the
      nationality or registration of the aircraft;
        (4) obtains a certificate authorized to be issued under this
      part by knowingly and willfully falsifying or concealing a
      material fact, making a false, fictitious, or fraudulent
      statement, or making or using a false document knowing it
      contains a false, fictitious, or fraudulent statement or entry;
        (5) owns an aircraft eligible for registration under section
      44102 of this title and knowingly and willfully operates,
      attempts to operate, or allows another person to operate the
      aircraft when - 
          (A) the aircraft is not registered under section 44103 of
        this title or the certificate of registration is suspended or
        revoked; or
          (B) the owner knows or has reason to know that the other
        person does not have proper authorization to operate or
        navigate the aircraft without registration for a period of time
        after transfer of ownership;

        (6) knowingly and willfully operates or attempts to operate an
      aircraft eligible for registration under section 44102 of this
      title knowing that - 
          (A) the aircraft is not registered under section 44103 of
        this title;
          (B) the certificate of registration is suspended or revoked;
        or
          (C) the person does not have proper authorization to operate
        or navigate the aircraft without registration for a period of
        time after transfer of ownership;

        (7) knowingly and willfully serves or attempts to serve in any
      capacity as an airman without an airman's certificate authorizing
      the individual to serve in that capacity;
        (8) knowingly and willfully employs for service or uses in any
      capacity as an airman an individual who does not have an airman's
      certificate authorizing the individual to serve in that capacity;
      or
        (9) operates an aircraft with a fuel tank or fuel system that
      has been installed or modified knowing that the tank, system,
      installation, or modification does not comply with regulations
      and requirements of the Administrator of the Federal Aviation
      Administration.

      (c) Controlled Substance Criminal Penalty. - (1) In this
    subsection, "controlled substance" has the same meaning given that
    term in section 102 of the Comprehensive Drug Abuse Prevention and
    Control Act of 1970 (21 U.S.C. 802).
      (2) A person violating subsection (b) of this section shall be
    fined under title 18, 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 the transporting, aiding, or facilitating -
    
        (A) is punishable by death or imprisonment of more than one
      year under a law of the United States or a State; or
        (B) that is provided is related to an act punishable by death
      or imprisonment for more than one year under a law of the United
      States or a State related to a controlled substance (except a law
      related to simple possession of a controlled substance).

      (3) A term of imprisonment imposed under paragraph (2) of this
    subsection shall be served in addition to, and not concurrently
    with, any other term of imprisonment imposed on the individual.
      (d) Seizure and Forfeiture. - (1) The Administrator of Drug
    Enforcement or the Commissioner of Customs may seize and forfeit
    under the customs laws an aircraft whose use is related to a
    violation of subsection (b) of this section, or to aid or
    facilitate a violation, regardless of whether a person is charged
    with the violation.
      (2) An aircraft's use is presumed to have been related to a
    violation of, or to aid or facilitate a violation of - 
        (A) subsection (b)(1) of this section if the aircraft
      certificate of registration has been forged or altered;
        (B) subsection (b)(3) of this section if there is an external
      display of false or misleading registration numbers or country of
      registration;
        (C) subsection (b)(4) of this section if - 
          (i) the aircraft is registered to a false or fictitious
        person; or
          (ii) the application form used to obtain the aircraft
        certificate of registration contains a material false
        statement;

        (D) subsection (b)(5) of this section if the aircraft was
      operated when it was not registered under section 44103 of this
      title; or
        (E) subsection (b)(9) of this section if the aircraft has a
      fuel tank or fuel system that was installed or altered - 
          (i) in violation of a regulation or requirement of the
        Administrator of the Federal Aviation Administration; or
          (ii) if a certificate required to be issued for the
        installation or alteration is not carried on the aircraft.

      (3) The Administrator of the Federal Aviation Administration, the
    Administrator of Drug Enforcement, and the Commissioner shall agree
    to a memorandum of understanding to establish procedures to carry
    out this subsection.
      (e) Relationship to State Laws. - This part does not prevent a
    State from establishing a criminal penalty, including providing for
    forfeiture and seizure of aircraft, for a person that - 
        (1) knowingly and willfully forges or alters an aircraft
      certificate of registration;
        (2) knowingly sells, uses, attempts to use, or possesses with
      the intent to use, a fraudulent aircraft certificate of
      registration;
        (3) knowingly and willfully displays or causes to be displayed
      on an aircraft a mark that is false or misleading about the
      nationality or registration of the aircraft; or
        (4) obtains an aircraft certificate of registration from the
      Administrator of the Federal Aviation Administration by - 
          (A) knowingly and willfully falsifying or concealing a
        material fact;
          (B) making a false, fictitious, or fraudulent statement; or
          (C) making or using a false document knowing it contains a
        false, fictitious, or fraudulent statement or entry.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1235; Pub. L.
    104-287, Sec. 5(78), Oct. 11, 1996, 110 Stat. 3397.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    46306(a)       49 App.:1303 (note).    Nov. 18, 1988, Pub. L.       
                                            100-690, Sec. 7214, 102     
                                            Stat. 4434.                 
    46306(b)       49 App.:1472(b)(1),     Aug. 23, 1958, Pub. L.       
                    (2) (1st sentence       85-726, Sec. 902(b)(1)-(4), 
                    cl. (A)).               72 Stat. 784; Oct. 19, 1984,
                                            Pub. L. 98-499, Sec. 6, 98  
                                            Stat. 2316; restated Nov.   
                                            18, 1988, Pub. L. 100-690,  
                                            Sec. 7209(a), 102 Stat. 4429.
    46306(c)(1)    49 App.:1472(b)(4).                                  
    46306(c)(2)    49 App.:1472(b)(2)                                   
                    (1st sentence cl.                                   
                    (B)).                                               
    46306(c)(3)    49 App.:1472(b)(2)                                   
                    (last sentence).                                    
    46306(d)       49 App.:1472(b)(3).                                  
    46306(e)       49 App.:1472(b)(5).     Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            902(b)(5); added Oct. 27,   
                                            1986, Pub. L. 99-570, Sec.  
                                            3401(a)(1), 100 Stat.       
                                            3207-99; Nov. 18, 1988, Pub.
                                            L. 100-690, Sec. 7209(a),   
                                            (b)(1), 102 Stat. 4429, 4432.
    --------------------------------------------------------------------

      In subsections (b)(9), (d), and (e), the word "Administrator" in
    section 902(b) of the Federal Aviation Act of 1958 (Public Law 85-
    726, 72 Stat. 784) is retained on authority of 49:106(g).
      In subsection (b), before clause (1), the words "Except as
    provided by subsection (c) of this section" are added for clarity.
    The words "It shall be unlawful for any person" and "upon
    conviction" are omitted as surplus. The words "fined under title
    18" are substituted for "a fine of not more than $15,000" for
    consistency with title 18. In clause (1), the words "counterfeit"
    and "falsely make" are omitted as surplus. In clause (4), the words
    "covering up", "representation", and "writing" are omitted as
    surplus. In clause (7), the word "valid" is omitted as surplus.
      In subsection (c)(2), before clause (A), the words "fined under
    title 18" are substituted for "a fine of not more than $25,000" for
    consistency with title 18.
      In subsection (d)(1) and (3), the words "Administrator of Drug
    Enforcement" are substituted for "Drug Enforcement Administration
    of the Department of Justice" and "Drug Enforcement Administration"
    because of section 5(a) of Reorganization Plan No. 2 of 1973 (eff.
    July 1, 1973, 87 Stat. 1092). The words "Commissioner of Customs"
    and "Commissioner" are substituted for "United States Customs
    Service" because of 19:2071.
      In subsection (d)(2)(A), the words "aircraft certificate of
    registration" are substituted for "registration" for consistency in
    this section. The words "counterfeited" and "falsely made" are
    omitted as surplus.
      In subsections (d)(2)(C)(ii) and (e), the words "aircraft
    certificate of registration" are substituted for "aircraft
    registration certificate" for consistency with 49 App.:1401,
    restated in chapter 441 of the revised title.
      In subsection (e), before clause (1), the words "this subsection
    or in any other provision of" are omitted as surplus. In clause
    (1), the words "counterfeits" and "falsely makes" are omitted as
    surplus. In clause (4)(A), the words "covering up" are omitted as
    surplus. In clause (4)(B), the words "or representation" are
    omitted as surplus. In clause (4)(C), the words "writing or" are
    omitted as surplus.

                              PUB. L. 104-287                          
      This makes a clarifying amendment to 49:46306(c)(2)(B).

                                AMENDMENTS                            
      1996 - Subsec. (c)(2)(B). Pub. L. 104-287 inserted "that is"
    before "provided".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-287 effective July 5, 1994, see section
    8(1) of Pub. L. 104-287, set out as a note under section 5303 of
    this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.

-End-



-CITE-
    49 USC Sec. 46307                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 463 - PENALTIES

-HEAD-
    Sec. 46307. Violation of national defense airspace

-STATUTE-
      A person that knowingly or willfully violates section 40103(b)(3)
    of this title or a regulation prescribed or order issued under
    section 40103(b)(3) shall be fined under title 18, imprisoned for
    not more than one year, or both.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1237.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    46307          49 App.:1523.           Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 1203, 72 Stat. 
                                            800.                        
    --------------------------------------------------------------------

      The words "In addition to the penalties otherwise provided for by
    this chapter" are omitted as surplus. The word "prescribed" is
    added for consistency in the revised title. The words "fined under
    title 18" are substituted for "a fine of not exceeding $10,000",
    and the words "shall be deemed guilty of a misdemeanor" are
    omitted, for consistency with title 18. The words "and upon
    conviction thereof" and "such fine and imprisonment" are omitted as
    surplus.

-End-



-CITE-
    49 USC Sec. 46308                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 463 - PENALTIES

-HEAD-
    Sec. 46308. Interference with air navigation

-STATUTE-
      A person shall be fined under title 18, imprisoned for not more
    than 5 years, or both, if the person - 
        (1) with intent to interfere with air navigation in the United
      States, exhibits in the United States a light or signal at a
      place or in a way likely to be mistaken for a true light or
      signal established under this part or for a true light or signal
      used at an air navigation facility;
        (2) after a warning from the Administrator of the Federal
      Aviation Administration, continues to maintain a misleading light
      or signal; or
        (3) knowingly interferes with the operation of a true light or
      signal.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1238.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    46308          49 App.:1472(c).        Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 902(c), 72     
                                            Stat. 784.                  
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    --------------------------------------------------------------------

      In this section, before clause (1), the words "fined under title
    18" are substituted for "a fine of not exceeding $5,000" for
    consistency with title 18. The words "such fine and imprisonment"
    are omitted as surplus. In clause (1), the words "used at" are
    substituted for "in connection with" for clarity. The words
    "airport or other" are omitted as being included in the definition
    of "air navigation facility" in section 40102(a) of the revised
    title. In clause (2), the word "due" is omitted as surplus. The
    word "Administrator" in section 902(c) of the Federal Aviation Act
    of 1958 (Public Law 85-726, 72 Stat. 784) is retained on authority
    of 49:106(g). In clause (3), the words "removes, extinguishes, or"
    are omitted as surplus.

-End-



-CITE-
    49 USC Sec. 46309                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 463 - PENALTIES

-HEAD-
    Sec. 46309. Concession and price violations

-STATUTE-
      (a) Criminal Penalty for Offering, Granting, Giving, or Helping
    To Obtain Concessions and Lower Prices. - An air carrier, foreign
    air carrier, ticket agent, or officer, agent, or employee of an air
    carrier, foreign air carrier, or ticket agent shall be fined under
    title 18 if the air carrier, foreign air carrier, ticket agent,
    officer, agent, or employee - 
        (1) knowingly and willfully offers, grants, or gives, or causes
      to be offered, granted, or given, a rebate or other concession in
      violation of this part; or
        (2) by any means knowingly and willfully assists, or willingly
      allows, a person to obtain transportation or services subject to
      this part at less than the price lawfully in effect.

      (b) Criminal Penalty for Receiving Rebates, Privileges, and
    Facilities. - A person shall be fined under title 18 if the person
    by any means - 
        (1) knowingly and willfully solicits, accepts, or receives a
      rebate of a part of a price lawfully in effect for the foreign
      air transportation of property, or a service related to the
      foreign air transportation; or
        (2) knowingly solicits, accepts, or receives a privilege or
      facility related to a matter the Secretary of Transportation
      requires be specified in a currently effective tariff applicable
      to the foreign air transportation of property.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1238.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    46309(a)       49 App.:1472(d)(1).     Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 902(d)(1), 72  
                                            Stat. 785; Jan. 3, 1975, Pub
                                            L. 93-623, Sec. 8(b), 88    
                                            Stat. 2105.                 
    46309(b)       49 App.:1472(d)(2).     Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            902(d)(2); added Jan. 3,    
                                            1975, Pub. L. 93-623, Sec.  
                                            8(b), 88 Stat. 2106.        
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
    --------------------------------------------------------------------

      In this section, the words "fined under title 18" are substituted
    for "a fine of not less than $100 and not more than $5,000" and
    "fined not less than $100, nor more than $5,000" for consistency
    with title 18. The words "for each offense" are omitted as surplus.
    The words "fares, or charges" are omitted as surplus because of the
    definition of "rate" in section 40102(a) of the revised title.
      In subsection (a), before clause (1), the word "representative"
    is omitted as surplus. The words "shall be deemed guilty of a
    misdemeanor" are omitted as superseded by 18:3559. The words "and,
    upon conviction thereof" are omitted as surplus. In clause (2), the
    words "device or" and "suffer or" are omitted as surplus.
      In subsection (b), before clause (1), the words "by any means"
    are substituted for "in any manner or by any device" for
    consistency in this section and to eliminate unnecessary words. In
    clauses (1) and (2), the word "foreign" is added for clarity
    because only foreign air transportation has regulated prices. In
    clause (1), the word "rebate" is substituted for "refund or
    remittance" for consistency in this section. In clause (2), the
    word "favor" is omitted as being included in "privilege".

-End-



-CITE-
    49 USC Sec. 46310                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 463 - PENALTIES

-HEAD-
    Sec. 46310. Reporting and recordkeeping violations

-STATUTE-
      (a) General Criminal Penalty. - An air carrier or an officer,
    agent, or employee of an air carrier shall be fined under title 18
    for intentionally - 
        (1) failing to make a report or keep a record under this part;
        (2) falsifying, mutilating, or altering a report or record
      under this part; or
        (3) filing a false report or record under this part.

      (b) Safety Regulation Criminal Penalty. - An air carrier or an
    officer, agent, or employee of an air carrier shall be fined under
    title 18, imprisoned for not more than 5 years, or both, for
    intentionally falsifying or concealing a material fact, or inducing
    reliance on a false statement of material fact, in a report or
    record under section 44701(a) or (b) or any of sections 44702-44716
    of this title.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1238; Pub. L.
    103-429, Sec. 6(56), Oct. 31, 1994, 108 Stat. 4385.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    46310          49 App.:1472(e).        Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 902(e), 72     
                                            Stat. 785; restated Sept.   
                                            30, 1987, Pub. L. 100-121,  
                                            101 Stat. 792.              
    --------------------------------------------------------------------

      In this section, the word "representative" is omitted as surplus.
    The words "account" and "memorandum" are omitted as being included
    in "record".
      In subsection (a), before clause (1), the words "fined under
    title 18" are substituted for "fined not more than $5,000 in the
    case of an individual and not more than $10,000 in the case of a
    person other than an individual" for consistency in this section
    and with title 18.
      In subsection (b), the words "or representation" are omitted a
    surplus.

                              PUB. L. 103-429                          
      This amends 49:44711(a)(2)(B), (5), and (7) and 46310(b) to
    correct erroneous cross-references.

                                AMENDMENTS                            
      1994 - Subsec. (b). Pub. L. 103-429 inserted "any of sections"
    before "44702-44716".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-429 effective July 5, 1994, see section
    9 of Pub. L. 103-429, set out as a note under section 321 of this
    title.

-End-



-CITE-
    49 USC Sec. 46311                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 463 - PENALTIES

-HEAD-
    Sec. 46311. Unlawful disclosure of information

-STATUTE-
      (a) Criminal Penalty. - The Secretary of Transportation, the
    Under Secretary of Transportation for Security with respect to
    security duties and powers designated to be carried out by the
    Under Secretary, the Administrator of the Federal Aviation
    Administration with respect to aviation safety duties and powers
    designated to be carried out by the Administrator, or an officer or
    employee of the Secretary, Under Secretary, or Administrator shall
    be fined under title 18, imprisoned for not more than 2 years, or
    both, if the Secretary, Under Secretary, Administrator, officer, or
    employee knowingly and willfully discloses information that - 
        (1) the Secretary, Under Secretary, Administrator, officer, or
      employee acquires when inspecting the records of an air carrier;
      or
        (2) is withheld from public disclosure under section 40115 of
      this title.

      (b) Nonapplication. - Subsection (a) of this section does not
    apply if - 
        (1) the officer or employee is directed by the Secretary, Under
      Secretary, or Administrator to disclose information that the
      Secretary, Under Secretary, or Administrator had ordered
      withheld; or
        (2) the Secretary, Under Secretary, Administrator, officer, or
      employee is directed by a court of competent jurisdiction to
      disclose the information.

      (c) Withholding Information From Congress. - This section does
    not authorize the Secretary, Under Secretary, or Administrator to
    withhold information from a committee of Congress authorized to
    have the information.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1239; Pub. L.
    107-71, title I, Sec. 140(d)(6), Nov. 19, 2001, 115 Stat. 642.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    46311(a),      49 App.:1472(f)         Aug. 23, 1958, Pub. L.       
     (b)            (words before           85-726, Sec. 902(f), 72     
                    proviso).               Stat. 785.                  
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    46311(c)       49 App.:1472(f)                                      
                    (proviso).                                          
                   49                                                   
                    App.:1551(b)(1)(E).                                 
                   49 App.:1655(c)(1).                                  
    --------------------------------------------------------------------

      In this section, the word "Administrator" in section 902(f) of
    the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 785)
    is retained on authority of 49:106(g).
      In subsection (a), before clause (1), the words "fined under
    title 18" are substituted for "a fine of not more than $5,000" for
    consistency with title 18. The words "upon conviction thereof be
    subject for each offense" are omitted as surplus. The words "any
    fact or" are omitted as being included in "information". In clause
    (1), the words "the Secretary, Administrator, officer, or employee
    acquires" are substituted for "may come to his knowledge" for
    clarity and consistency.
      In subsection (b)(2), the words "or a judge thereof" are omitted
    as surplus.
      In subsection (c), the word "duly" is omitted as surplus.

                                AMENDMENTS                            
      2001 - Subsec. (a). Pub. L. 107-71, Sec. 140(d)(6), in
    introductory provisions, inserted "the Under Secretary of
    Transportation for Security with respect to security duties and
    powers designated to be carried out by the Under Secretary," after
    "Transportation," and "Under Secretary," after "Secretary," and
    substituted ", Under Secretary, or Administrator" for "or
    Administrator".
      Subsec. (a)(1). Pub. L. 107-71, Sec. 140(d)(6)(B) inserted "Under
    Secretary," after "Secretary,".
      Subsec. (b)(1). Pub. L. 107-71, Sec. 140(d)(6)(C), substituted ",
    Under Secretary, or Administrator" for "or Administrator" in two
    places.
      Subsec. (b)(2). Pub. L. 107-71, Sec. 140(d)(6)(B) inserted "Under
    Secretary," after "Secretary,".
      Subsec. (c). Pub. L. 107-71, Sec. 140(d)(6)(C), substituted ",
    Under Secretary, or Administrator" for "or Administrator".


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the Transportation Security Administration of the Department of
    Transportation, including the functions of the Secretary of
    Transportation, and of the Under Secretary of Transportation for
    Security, relating thereto, to the Secretary of Homeland Security,
    and for treatment of related references, see sections 203(2),
    551(d), 552(d), and 557 of Title 6, Domestic Security, and the
    Department of Homeland Security Reorganization Plan of November 25,
    2002, as modified, set out as a note under section 542 of Title 6.

-End-



-CITE-
    49 USC Sec. 46312                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 463 - PENALTIES

-HEAD-
    Sec. 46312. Transporting hazardous material

-STATUTE-
      (a) In General. - A person shall be fined under title 18,
    imprisoned for not more than 5 years, or both, if the person, in
    violation of a regulation or requirement related to the
    transportation of hazardous material prescribed by the Secretary of
    Transportation under this part or chapter 51 - 
        (1) willfully delivers, or causes to be delivered, property
      containing hazardous material to an air carrier or to an operator
      of a civil aircraft for transportation in air commerce; or
        (2) recklessly causes the transportation in air commerce of the
      property.

      (b) Knowledge of Regulations. - For purposes of subsection (a),
    knowledge by the person of the existence of a regulation or
    requirement related to the transportation of hazardous material
    prescribed by the Secretary under this part or chapter 51 is not an
    element of an offense under this section but shall be considered in
    mitigation of the penalty.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1239; Pub. L.
    106-181, title V, Sec. 507, Apr. 5, 2000, 114 Stat. 140; Pub. L.
    109-59, title VII, Sec. 7128(a), Aug. 10, 2005, 119 Stat. 1909.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    46312          49 App.:1472(h)(2).     Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 902(h)(2), 72  
                                            Stat. 785; restated Jan. 3, 
                                            1975, Pub. L. 93-633, Sec.  
                                            113(c), 88 Stat. 2162.      
    --------------------------------------------------------------------

      In this section, before clause (1), the words "is guilty of an
    offense", "Upon conviction", and "for each offense" are omitted as
    surplus. The words "fined under title 18" are substituted for "a
    fine of not more than $25,000" for consistency with title 18. The
    word "prescribed" is substituted for "issued" for consistency in
    the revised title and with other titles of the United States Code.
    In clause (1), the words "shipment, baggage, or other" are omitted
    as surplus.

                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-59, Sec. 7128(a)(1), substituted
    "this part or chapter 51 - " for "this part - " in introductory
    provisions.
      Subsec. (b). Pub. L. 109-59, Sec. 7128(a)(2), inserted "or
    chapter 51" after "under this part".
      2000 - Pub. L. 106-181 designated existing provisions as subsec.
    (a), inserted heading, and added subsec. (b).

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-181 applicable only to fiscal years
    beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,
    set out as a note under section 106 of this title.

-End-



-CITE-
    49 USC Sec. 46313                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 463 - PENALTIES

-HEAD-
    Sec. 46313. Refusing to appear or produce records

-STATUTE-
      A person not obeying a subpena or requirement of the Secretary of
    Transportation (or the Under Secretary of Transportation for
    Security with respect to security duties and powers designated to
    be carried out by the Under Secretary or the Administrator of the
    Federal Aviation Administration with respect to aviation safety
    duties and powers designated to be carried out by the
    Administrator) to appear and testify or produce records shall be
    fined under title 18, imprisoned for not more than one year, or
    both.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1239; Pub. L.
    107-71, title I, Sec. 140(d)(7), Nov. 19, 2001, 115 Stat. 642.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    46313          49 App.:1472(g).        Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 902(g), 72     
                                            Stat. 785.                  
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    --------------------------------------------------------------------

      The word "Administrator" in section 902(g) of the Federal
    Aviation Act of 1958 (Public Law 85-726, 72 Stat. 785) is retained
    on authority of 49:106(g). The words "not obeying" are substituted
    for "who shall neglect or refuse . . . or to answer any lawful
    inquiry . . . in obedience to" to eliminate surplus words. The word
    "lawful" is omitted as surplus. The word "appear" is substituted
    for "attend" for clarity. The word "records" is substituted for
    "books, papers, or documents" for consistency in the revised title
    and with other titles of the United States Code. The words "if in
    his power to do so" are omitted as surplus. The words "shall be
    guilty of a misdemeanor" are omitted for consistency with title 18.
    The words "and, upon conviction thereof" are omitted as surplus.
    The words "fined under title 18" are substituted for "a fine of not
    less than $100 nor more than $5,000" for consistency with title 18.

                                AMENDMENTS                            
      2001 - Pub. L. 107-71 inserted "the Under Secretary of
    Transportation for Security with respect to security duties and
    powers designated to be carried out by the Under Secretary or"
    after "(or".


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the Transportation Security Administration of the Department of
    Transportation, including the functions of the Secretary of
    Transportation, and of the Under Secretary of Transportation for
    Security, relating thereto, to the Secretary of Homeland Security,
    and for treatment of related references, see sections 203(2),
    551(d), 552(d), and 557 of Title 6, Domestic Security, and the
    Department of Homeland Security Reorganization Plan of November 25,
    2002, as modified, set out as a note under section 542 of Title 6.

-End-



-CITE-
    49 USC Sec. 46314                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 463 - PENALTIES

-HEAD-
    Sec. 46314. Entering aircraft or airport area in violation of
      security requirements

-STATUTE-
      (a) Prohibition. - A person may not knowingly and willfully
    enter, in violation of security requirements prescribed under
    section 44901, 44903(b) or (c), or 44906 of this title, an aircraft
    or an airport area that serves an air carrier or foreign air
    carrier.
      (b) Criminal Penalty. - (1) A person violating subsection (a) of
    this section shall be fined under title 18, imprisoned for not more
    than one year, or both.
      (2) A person violating subsection (a) of this section with intent
    to commit, in the aircraft or airport area, a felony under a law of
    the United States or a State shall be fined under title 18,
    imprisoned for not more than 10 years, or both.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1239.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    46314          49 App.:1472(r).        Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            902(r); added Dec. 30, 1987,
                                            Pub. L. 100-223, Sec.       
                                            204(f)(2), 101 Stat. 1520.  
    --------------------------------------------------------------------

      In subsection (b), the words "fined under title 18" are
    substituted for "a fine not to exceed $1,000" and "a fine not to
    exceed $10,000" for consistency with title 18.
      In subsection (b)(1), the words "Upon conviction" are omitted as
    surplus.
      In subsection (b)(2), the words "airport area" are substituted
    for "secured area" for consistency in this section.

-End-



-CITE-
    49 USC Sec. 46315                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 463 - PENALTIES

-HEAD-
    Sec. 46315. Lighting violations involving transporting controlled
      substances by aircraft not providing air transportation

-STATUTE-
      (a) Application. - This section applies only to aircraft not used
    to provide air transportation.
      (b) Criminal Penalty. - A person shall be fined under title 18,
    imprisoned for not more than 5 years, or both, if - 
        (1) the person knowingly and willfully operates an aircraft in
      violation of a regulation or requirement of the Administrator of
      the Federal Aviation Administration related to the display of
      navigation or anticollision lights;
        (2) the person is knowingly transporting a controlled substance
      by aircraft or aiding or facilitating a controlled substance
      offense; and
        (3) the transporting, aiding, or facilitating - 
          (A) is punishable by death or imprisonment for more than one
        year under a law of the United States or a State; or
          (B) is provided in connection with an act punishable by death
        or imprisonment for more than one year under a law of the
        United States or a State related to a controlled substance
        (except a law related to simple possession of a controlled
        substance).

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1240.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    46315(a)       49 App.:1303 (note).    Nov. 18, 1988, Pub. L.       
                                            100-690, Sec. 7214, 102     
                                            Stat. 4434.                 
    46315(b)       49 App.:1472(q).        Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            902(q); added Oct. 19, 1984,
                                            Pub. L. 98-499, Sec. 5(a),  
                                            98 Stat. 2315; restated Oct.
                                            27, 1986, Pub. L. 99-570,   
                                            Sec. 3401(b)(1), 100 Stat.  
                                            3207-100; Nov. 18, 1988,    
                                            Pub. L. 100-690, Sec.       
                                            7209(c)(1), (2)(A), 102     
                                            Stat. 4432.                 
    --------------------------------------------------------------------

      In subsection (b), before clause (1), the words "fined under
    title 18" are substituted for "a fine not exceeding $25,000" for
    consistency with title 18. In clause (2), the word "knowingly" is
    substituted for "and with knowledge of such act" to eliminate
    unnecessary words.

-End-



-CITE-
    49 USC Sec. 46316                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 463 - PENALTIES

-HEAD-
    Sec. 46316. General criminal penalty when specific penalty not
      provided

-STATUTE-
      (a) Criminal Penalty. - Except as provided by subsection (b) of
    this section, when another criminal penalty is not provided under
    this chapter, a person that knowingly and willfully violates this
    part, a regulation prescribed or order issued by the Secretary of
    Transportation (or the Under Secretary of Transportation for
    Security with respect to security duties and powers designated to
    be carried out by the Under Secretary or the Administrator of the
    Federal Aviation Administration with respect to aviation safety
    duties and powers designated to be carried out by the
    Administrator) under this part, or any term of a certificate or
    permit issued under section 41102, 41103, or 41302 of this title
    shall be fined under title 18. A separate violation occurs for each
    day the violation continues.
      (b) Nonapplication. - Subsection (a) of this section does not
    apply to chapter 401 (except sections 40103(a) and (d), 40105,
    40116, and 40117), chapter 441 (except section 44109), chapter 445,
    chapter 447 (except section 44718(a)), and chapter 449 (except
    sections 44902, 44903(d), 44904, and 44907-44909) of this title.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1240; Pub. L.
    104-287, Sec. 5(79), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 105-
    102, Sec. 3(d)(1)(D), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 107-
    71, title I, Sec. 140(d)(7), Nov. 19, 2001, 115 Stat. 642.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    46316          49 App.:1472(a).        Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 902(a), 72     
                                            Stat. 784; restated July 10,
                                            1962, Pub. L. 87-528, Sec.  
                                            13, 76 Stat. 150.           
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    --------------------------------------------------------------------

      In subsection (a), the word "prescribed" is added for consistency
    in the revised title. The words "condition, or limitation of" are
    omitted as surplus. The word "Administrator" in section 902(a) of
    the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 784)
    is retained on authority of 49:106(g). The words "or in section
    1474 of this Appendix" are omitted as surplus because 49 App.:1474
    is not included in the revised title. The words "shall be deemed
    guilty of a misdemeanor" are omitted for consistency with title 18.
    The words "and upon conviction thereof" are omitted as surplus. The
    words "shall be fined under title 18" are substituted for "shall be
    subject for the first offense to a fine of not more than $500, and
    for any subsequent offense to a fine of not more than $2,000" for
    consistency with title 18.
      In subsection (b), reference to 49 App.:ch. 20, subch. VII is
    omitted as unnecessary because subchapter VII is not restated in
    this part.

                              PUB. L. 104-287                          
      This amends 49:46316(b) to make it easier to include future
    sections in the cross-reference by restating it in terms of
    chapters.

                                AMENDMENTS                            
      2001 - Subsec. (a). Pub. L. 107-71 inserted "the Under Secretary
    of Transportation for Security with respect to security duties and
    powers designated to be carried out by the Under Secretary or"
    after "(or".
      1997 - Subsec. (b). Pub. L. 105-102 amended directory language of
    Pub. L. 104-287. See 1996 Amendment note below.
      1996 - Subsec. (b). Pub. L. 104-287, as amended by Pub. L. 105-
    102, substituted "chapter 447 (except section 44718(a)), and
    chapter 449 (except sections 44902, 44903(d), 44904, and 44907-
    44909)" for "and sections 44701(a) and (b), 44702-44716, 44901,
    44903(b) and (c), 44905, 44906, 44912-44915, and 44932-44938".

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Pub. L. 105-102, Sec. 3(d), Nov. 20, 1997, 111 Stat. 2215,
    provided that the amendment made by section 3(d)(1)(D) is effective
    Oct. 11, 1996.
      Amendment by Pub. L. 105-102 effective as if included in the
    provisions of the Act to which the amendment relates, see section
    3(f) of Pub. L. 105-102, set out as a note under section 106 of
    this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-287 effective July 5, 1994, see section
    8(1) of Pub. L. 104-287, set out as a note under section 5303 of
    this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the Transportation Security Administration of the Department of
    Transportation, including the functions of the Secretary of
    Transportation, and of the Under Secretary of Transportation for
    Security, relating thereto, to the Secretary of Homeland Security,
    and for treatment of related references, see sections 203(2),
    551(d), 552(d), and 557 of Title 6, Domestic Security, and the
    Department of Homeland Security Reorganization Plan of November 25,
    2002, as modified, set out as a note under section 542 of Title 6.

-End-



-CITE-
    49 USC Sec. 46317                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 463 - PENALTIES

-HEAD-
    Sec. 46317. Criminal penalty for pilots operating in air
      transportation without an airman's certificate

-STATUTE-
      (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.

-SOURCE-
    (Added Pub. L. 106-181, title V, Sec. 509(a), Apr. 5, 2000, 114
    Stat. 141.)


-MISC1-
                              EFFECTIVE DATE                          
      Section applicable only to fiscal years beginning after Sept. 30,
    1999, see section 3 of Pub. L. 106-181, set out as an Effective
    Date of 2000 Amendments note under section 106 of this title.

-End-



-CITE-
    49 USC Sec. 46318                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 463 - PENALTIES

-HEAD-
    Sec. 46318. Interference with cabin or flight crew

-STATUTE-
      (a) General Rule. - An individual who physically assaults or
    threatens to physically assault a member of the flight crew or
    cabin crew of a civil aircraft or any other individual on the
    aircraft, or takes any action that poses an imminent threat to the
    safety of the aircraft or other individuals on the aircraft is
    liable to the United States Government for a civil penalty of not
    more than $25,000.
      (b) Compromise and Setoff. - 
        (1) Compromise. - The Secretary may compromise the amount of a
      civil penalty imposed under this section.
        (2) Setoff. - The United States Government may deduct the
      amount of a civil penalty imposed or compromised under this
      section from amounts the Government owes the person liable for
      the penalty.

-SOURCE-
    (Added Pub. L. 106-181, title V, Sec. 511(a), Apr. 5, 2000, 114
    Stat. 142.)


-MISC1-
                              EFFECTIVE DATE                          
      Section applicable only to fiscal years beginning after Sept. 30,
    1999, see section 3 of Pub. L. 106-181, set out as an Effective
    Date of 2000 Amendments note under section 106 of this title.

-End-



-CITE-
    49 USC Sec. 46319                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 463 - PENALTIES

-HEAD-
    Sec. 46319. Permanent closure of an airport without providing
      sufficient notice

-STATUTE-
      (a) Prohibition. - A public agency (as defined in section 47102)
    may not permanently close an airport listed in the national plan of
    integrated airport systems under section 47103 without providing
    written notice to the Administrator of the Federal Aviation
    Administration at least 30 days before the date of the closure.
      (b) Publication of Notice. - The Administrator shall publish each
    notice received under subsection (a) in the Federal Register.
      (c) Civil Penalty. - A public agency violating subsection (a)
    shall be liable for a civil penalty of $10,000 for each day that
    the airport remains closed without having given the notice required
    by this section.

-SOURCE-
    (Added Pub. L. 108-176, title I, Sec. 185(a), Dec. 12, 2003, 117
    Stat. 2517.)


-MISC1-
                              EFFECTIVE DATE                          
      Section applicable only to fiscal years beginning after Sept. 30,
    2003, except as otherwise specifically provided, see section 3 of
    Pub. L. 108-176, set out as an Effective Date of 2003 Amendment
    note under section 106 of this title.

-End-