649 
‘‘§ 40989. Judicial review 
‘‘(a) FILING AND VENUE.—A person disclosing a substantial interest in 
an order issued by the Administrator, in whole or in part under this chapter 
or sections 11307 or 11314 of this title, may apply for review of the order 
by filing a petition for review in the United States Court of Appeals for the 
District of Columbia Circuit or in the court of appeals of the United States 
for the circuit in which the person resides or has its principal place of busi-
ness. The petition must be filed not later than 60 days after the order is 
issued. The court may allow the petition to be filed after the 60th day only 
if there are reasonable grounds for not filing by the 60th day. 
‘‘(b) JUDICIAL PROCEDURES.—When a petition is filed under subsection 
(a), the clerk of the court immediately shall send a copy of the petition to 
the Administrator. The Administrator shall file with the court a record of 
any proceeding in which the order was issued, as provided in section 2112 
of title 28. 
‘‘(c) AUTHORITY OF COURT.—When the petition is sent to the Adminis-
trator, the court has exclusive jurisdiction to affirm, amend, modify, or set 
aside any part of the order and may order the Administrator to conduct 
further proceedings. After reasonable notice to the Administrator, the court 
may grant interim relief by staying the order or taking other appropriate 
action when good cause for its action exists. Findings of fact by the Admin-
istrator, if supported by substantial evidence, are conclusive. 
‘‘(d) REQUIREMENT
FOR PRIOR OBJECTION.—In reviewing an order 
under this section, the court may consider an objection to an order of the 
Administrator only if the objection was made in the proceeding conducted 
by the Administrator or if there was a reasonable ground for not making 
the objection in the proceeding. 
‘‘(e) SUPREME COURT REVIEW.—A decision by a court under this section 
may be reviewed only by the Supreme Court under section 1254 of title 
28.’’. 
(5) In the analysis for chapter 409, as amended by paragraph (3), 
insert after the item relating to 40963 the following: 
‘‘Subchapter IV—Investigations and Proceedings 
‘‘40981.
Complaints and investigations. 
‘‘40982.
Proceedings. 
‘‘40983.
Service of notice, process, and actions. 
‘‘40984.
Evidence. 
‘‘40985.
Regulations and orders. 
‘‘40986.
Enforcement by the Department. 
‘‘40987.
Enforcement by Attorney General. 
‘‘40988.
Joinder and intervention. 
‘‘40989.
Judicial review.’’. 
(c) TITLE 18, UNITED STATES CODE.— 
(1) IN GENERAL.—Title 18, United States Code is amended by add-
ing at the end of part I the following: 
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‘‘CHAPTER 125—AIR TRANSPORTATION SECURITY 
‘‘Sec. 
‘‘2741.
Reporting and recordkeeping violations. 
‘‘2742.
Unlawful disclosure of information. 
‘‘2743.
Refusing to appear or produce records. 
‘‘2744.
Entering aircraft or airport area in violation of security requirements. 
‘‘2745.
General criminal penalty when specific penalty not provided. 
‘‘§ 2741. Reporting and recordkeeping violations 
‘‘An air carrier or an officer, agent, or employee of an air carrier shall 
be fined under this title for intentionally— 
‘‘(1) failing to make a report or keep a record under chapter 409 
of title 6; 
‘‘(2) falsifying, mutilating, or altering a report or record under chap-
ter 409 of title 6; or 
‘‘(3) filing a false report or record under chapter 409 of title 6. 
‘‘§ 2742. Unlawful disclosure of information 
‘‘(a) CRIMINAL PENALTY.—The Administrator of the Transportation Se-
curity Administration, or an officer or employee of the Administration, shall 
be fined under this title, imprisoned for not more than 2 years, or both, 
if the Administrator, officer, or employee knowingly and willfully discloses 
information that— 
‘‘(1) the Administrator, officer, or employee acquires when inspecting 
the records of an air carrier; or 
‘‘(2) is withheld from public disclosure under section 40963 of title 
6. 
‘‘(b) NONAPPLICATION.—Subsection (a) does not apply if— 
‘‘(1) the officer or employee is directed by the Administrator to dis-
close information that the Administrator had ordered withheld; or 
‘‘(2) the 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 Administrator to withhold information from a committee 
of Congress authorized to have the information. 
‘‘§ 2743. Refusing to appear or produce records 
‘‘A person not obeying a subpena or requirement of the Administrator of 
the Transportation Security Administration to appear and testify or produce 
records shall be fined under this title, imprisoned for not more than 1 year, 
or both. 
‘‘§ 2744. Entering aircraft or airport area in violation of se-
curity requirements 
‘‘(a) PROHIBITION.—A person may not knowingly and willfully enter, in 
violation of security requirements prescribed under section 40911, 40913(b) 
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or (c), or 40916 of title 6, an aircraft or an airport area that serves an 
air carrier or foreign air carrier. 
‘‘(b) CRIMINAL PENALTY.— 
‘‘(1) IN GENERAL.—A person violating subsection (a) shall be fined 
under this title, imprisoned for not more than 1 year, or both. 
‘‘(2) INCREASED PENALTY.—A person violating subsection (a) with 
intent to evade security procedures or restrictions or 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 this title, imprisoned for 
not more than 10 years, or both. 
‘‘(c) NOTICE OF PENALTIES.— 
‘‘(1) SIGNS.—Each operator of an airport in the United States that 
is required to establish an air transportation security program under 
section 40913(c) of title 6 shall ensure that signs that meet require-
ments the Secretary of Homeland Security may prescribe for providing 
notice of the penalties imposed under subsection (b) and section 
4201(b)(4)(A) of title 28 are displayed near all screening locations, all 
locations where passengers exit the sterile area, and other locations at 
the airport that the Secretary of Homeland Security determines appro-
priate. 
‘‘(2) EFFECT OF SIGNS ON PENALTIES.—An individual is subject to 
a penalty imposed under subsection (b) or section 4201(b)(4)(A) of 
title 28 without regard to whether signs are displayed at an airport as 
required by paragraph (1). 
‘‘§ 2745. General criminal penalty when specific penalty not 
provided 
‘‘When another criminal penalty is not provided under chapter 409 of 
title 6, a person that knowingly and willfully violates section 40912, 
40913(d), 40914, 40917, 40918, or 40919 of title 6, or a regulation pre-
scribed or order issued by the Administrator of the Transportation Security 
Administration under section 40912, 40913(d), 40914, 40917, 40918, or 
40919 of title 6, shall be fined under this title. A separate violation occurs 
for each day the violation continues. 
‘‘CHAPTER 127—SPECIAL AIRCRAFT JURISDICTION OF 
THE UNITED STATES 
‘‘Sec. 
‘‘2761.
Definitions. 
‘‘2762.
Aircraft piracy. 
‘‘2763.
Interference with security screening personnel. 
‘‘2764.
Interference with flight crew members and attendants. 
‘‘2765.
Carrying a weapon or explosive on an aircraft. 
‘‘2766.
Application of certain criminal laws to acts on an aircraft. 
‘‘2767.
False information and threats. 
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‘‘§ 2761. Definitions 
‘‘In this subchapter: 
‘‘(1) AIRCRAFT IN FLIGHT.—The term ‘aircraft in flight’ means an 
aircraft from the moment all external doors are closed following board-
ing— 
‘‘(A) through the moment when one external door is opened to 
allow passengers to leave the aircraft; or 
‘‘(B) until, if a forced landing, competent authorities take over 
responsibility for the aircraft and individuals and property on the 
aircraft. 
‘‘(2) COMMIT AN OFFENSE.—The term ‘commit an offense’ means, 
in the case of an individual and for the purposes of the Convention for 
the Suppression of Unlawful Seizure of Aircraft, when the individual, 
when on an aircraft in flight— 
‘‘(A) by any form of intimidation, unlawfully seizes, exercises 
control of, or attempts to seize or exercise control of, the aircraft; 
or 
‘‘(B) is an accomplice of an individual referred to in subpara-
graph (A). 
‘‘(3) SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES.— 
The term ‘special aircraft jurisdiction of the United States’ includes 
any of the following aircraft in flight: 
‘‘(A) A civil aircraft of the United States. 
‘‘(B) An aircraft of the armed forces of the United States. 
‘‘(C) Another aircraft in the United States. 
‘‘(D) Another aircraft outside the United States— 
‘‘(i) that has its next scheduled destination or last place of 
departure in the United States, if the aircraft next lands in 
the United States; 
‘‘(ii) on which an individual commits an offense (as speci-
fied in the Convention for the Suppression of Unlawful Sei-
zure of Aircraft) if the aircraft lands in the United States 
with the individual still on the aircraft; or 
‘‘(iii) against which an individual commits an offense (as 
specified in subsection (d) or (e) of article I, section I of the 
Convention for the Suppression of Unlawful Acts against the 
Safety of Civil Aviation) if the aircraft lands in the United 
States with the individual still on the aircraft. 
‘‘(E) Any other aircraft leased without crew to a lessee whose 
principal place of business is in the United States or, if the lessee 
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does not have a principal place of business, whose permanent resi-
dence is in the United States. 
‘‘§ 2762. Aircraft piracy 
‘‘(a) AIRCRAFT PIRACY IN SPECIAL AIRCRAFT JURISDICTION.— 
‘‘(1) DEFINITION
OF
AIRCRAFT
PIRACY.—In this subsection, the 
term ‘aircraft piracy’ means seizing or exercising control of an aircraft 
in the special aircraft jurisdiction of the United States by force, vio-
lence, threat of force or violence, or any form of intimidation, and with 
wrongful intent. 
‘‘(2) WHEN ATTEMPT TO COMMIT AIRCRAFT PIRACY DEEMED TO BE 
IN SPECIAL AIRCRAFT JURISDICTION.—An attempt to commit aircraft 
piracy is deemed to be in the special aircraft jurisdiction of the United 
States, although the aircraft is not in flight at the time of the attempt, 
if the aircraft would have been in the special aircraft jurisdiction of the 
United States had the aircraft piracy been completed. 
‘‘(3) CRIMINAL PENALTY.—An individual committing or attempting 
or conspiring to commit aircraft piracy— 
‘‘(A) shall be imprisoned for at least 20 years; or 
‘‘(B) notwithstanding section 3559(b) of this title, if the death 
of another individual results from the commission or attempt, shall 
be put to death or imprisoned for life. 
‘‘(b) AIRCRAFT PIRACY OUTSIDE SPECIAL AIRCRAFT JURISDICTION.— 
‘‘(1) DEFINITION OF NATIONAL OF THE UNITED STATES.—In this 
subsection, the term ‘national of the United States’ has the meaning 
given the term in section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)). 
‘‘(2) CRIMINAL PENALTY.—An individual committing or conspiring 
to commit an offense (as specified in the Convention for the Suppres-
sion of Unlawful Seizure of Aircraft) on an aircraft in flight outside 
the special aircraft jurisdiction of the United States— 
‘‘(A) shall be imprisoned for at least 20 years; or 
‘‘(B) notwithstanding section 3559(b) of this title, if the death 
of another individual results from the commission or attempt, shall 
be put to death or imprisoned for life. 
‘‘(3) JURISDICTION.—There is jurisdiction over the offense in para-
graph (2) if— 
‘‘(A) a national of the United States was aboard the aircraft; 
‘‘(B) an offender is a national of the United States; or 
‘‘(C) an offender is afterwards found in the United States. 
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‘‘§ 2763. Interference with security screening personnel 
‘‘An individual in an area in a commercial service airport in the United 
States who, by assaulting a Federal, airport, or air carrier employee who 
has security duties in the airport, interferes with the performance of the du-
ties of the employee or lessens the ability of the employee to perform those 
duties shall be fined under this title, imprisoned for not more than 10 years, 
or both. If the individual uses a dangerous weapon in committing the as-
sault or interference, the individual may be imprisoned for any term of 
years or for life. 
‘‘§ 2764. Interference with flight crew members and attend-
ants 
‘‘An individual on an aircraft in the special aircraft jurisdiction of the 
United States who, by assaulting or intimidating a flight crew member or 
flight attendant of the aircraft, interferes with the performance of the duties 
of the member or attendant or lessens the ability of the member or attend-
ant to perform those duties, or attempts or conspires to do such an act, 
shall be fined under this title, imprisoned for not more than 20 years, or 
both. If a dangerous weapon is used in assaulting or intimidating the mem-
ber or attendant, the individual shall be imprisoned for any term of years 
or for life. 
‘‘§ 2765. Carrying a weapon or explosive on an aircraft 
‘‘(a) DEFINITION OF LOADED FIREARM.—In this section, the term ‘loaded 
firearm’ means a starter gun or a weapon designed or converted to expel 
a projectile through an explosive, that has a cartridge, a detonator, or pow-
der in the chamber, magazine, cylinder, or clip. 
‘‘(b) GENERAL CRIMINAL PENALTY.—An individual shall be fined under 
this title, imprisoned for not more than 10 years, or both, if the indi-
vidual— 
‘‘(1) when on, or attempting to get on, 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; 
‘‘(2) has placed, attempted to place, or attempted to have placed a 
loaded firearm on that aircraft in property not accessible to passengers 
in flight; or 
‘‘(3) has on or about the individual, or has placed, attempted to 
place, or attempted to have placed on that aircraft, an explosive or in-
cendiary device. 
‘‘(c) CRIMINAL PENALTY INVOLVING DISREGARD FOR HUMAN LIFE.—An 
individual who willfully and without regard for the safety of human life, or 
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with reckless disregard for the safety of human life, violates subsection (b) 
shall be fined under this title, imprisoned for not more than 20 years, or 
both, and, if death results to any person, shall be imprisoned for any term 
of years or for life. 
‘‘(d) NONAPPLICATION.—Subsection (b)(1) 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 United States Government, 
authorized to carry arms in an official capacity; 
‘‘(2) another individual the Administrator of the Transportation Se-
curity Administration by regulation authorizes to carry a dangerous 
weapon in air transportation or intrastate air transportation; or 
‘‘(3) an individual transporting a weapon (except a loaded firearm) 
in baggage not accessible to a passenger in flight if the air carrier was 
informed of the presence of the weapon. 
‘‘(e) CONSPIRACY.—If 2 or more individuals conspire to violate subsection 
(b) or (c), and any of the individuals does any act to effect the object of 
the conspiracy, each of the parties to the conspiracy shall be punished as 
provided in subsection (b) or (c). 
‘‘§ 2766. Application of certain criminal laws to acts on an 
aircraft 
‘‘An individual on an aircraft in the special aircraft jurisdiction of the 
United States who commits an act that— 
‘‘(1) if committed in the special maritime and territorial jurisdiction 
of the United States (as defined in section 7 of this title) would violate 
section 113, 114, 661, 662, 1111, 1112, 1113, or 2111 or chapter 
109A of this title, shall be fined under this title, imprisoned under that 
section or chapter, or both; or 
‘‘(2) if committed in the District of Columbia would violate section 
9 of the Act of July 29, 1892 (D.C. Code 22-1312), shall be fined 
under this title, imprisoned under section 9 of the Act, or both. 
‘‘§ 2767. False information and threats 
‘‘An individual shall be fined under this title, imprisoned for not more 
than 5 years, or both, if the individual— 
‘‘(1) knowing the information to be false, willfully and maliciously or 
with reckless disregard for the safety of human life, 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 2762(a), 2764, 
2765, or 2766 of this title; or 
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‘‘(2) threatens to violate section 2762(a), 2764, 2765, or 2766 of 
this title, or causes a threat to violate any of those sections to be made, 
and has the apparent determination and will to carry out the threat.’’. 
(2) TABLE OF CONTENTS.—The table of contents of part I of title 
18, United States Code, is amended by adding at the end the following: 
‘‘125. Air Transportation Security .................................................................
2741 
‘‘127. Special Aircraft Jurisdiction of the United States ......................
2761’’. 
(d) TITLE 28, UNITED STATES CODE.— 
(1) IN
GENERAL.—Part VI of title 28, United States Code, is 
amended by adding after section 4105 the following: 
‘‘CHAPTER 182—AIR TRANSPORTATION SECURITY 
‘‘Sec. 
‘‘4201.
Civil penalties. 
‘‘4202.
False information. 
‘‘4203.
Carrying a weapon. 
‘‘4204.
Interference with cabin or flight crew. 
‘‘4205.
Actions to recover civil penalties. 
‘‘§ 4201. Civil penalties 
‘‘(a) DEFINITION OF SMALL BUSINESS CONCERN.—In this section, the 
term ‘small business concern’ has the meaning given the term in section 3 
of the Small Business Act (15 U.S.C. 632). 
‘‘(b) GENERAL PENALTY.— 
‘‘(1) CHAPTER 409 VIOLATIONS; REGULATION VIOLATIONS.—A per-
son 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 409 (except sections 40912, 40913(d), 40914, 
40917 (a) through (d)(1)(A) and (1)(C) through (f), and 40918) 
of title 6; or 
‘‘(B) a regulation prescribed or order issued under any provision 
to which subparagraph (A) applies. 
‘‘(2) SEPARATE VIOLATIONS.—A separate violation occurs under this 
subsection for each day the violation continues or, if applicable, for 
each flight involving the violation. 
‘‘(3) AVIATION SECURITY VIOLATIONS.—Notwithstanding paragraph 
(1) of this subsection, the maximum civil penalty for violating chapter 
409 of title 6 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). 
‘‘(4) PENALTIES APPLICABLE TO INDIVIDUALS AND SMALL BUSINESS 
CONCERNS.—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— 
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‘‘(A) chapter 409 (except sections 40912, 40913(d), 40914, and 
40917 through 40919) of title 6; or 
‘‘(B) a regulation prescribed or order issued under any provision 
to which subparagraph (A) applies. 
‘‘(5) FAILURE TO COLLECT AIRPORT SECURITY BADGES.—Notwith-
standing paragraph (1), an employer (other than a governmental entity 
or airport operator) who employs an employee to whom an airport secu-
rity badge or other identifier used to obtain access to a secure area of 
an airport is issued and who does not collect or make reasonable efforts 
to collect the badge from the employee on the date that the employ-
ment of the employee is terminated and does not notify the operator 
of the airport of the termination within 24 hours of the date of the 
termination is liable to the Government for a civil penalty not to exceed 
$10,000. 
‘‘(c) PROCEDURAL REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland Security may im-
pose a civil penalty for the following violations only after notice and 
an opportunity for a hearing: 
‘‘(A) A violation of section 40919 of title 6. 
‘‘(B) A violation of a regulation prescribed or order issued 
under any provision to which subparagraph (A) of this paragraph 
applies. 
‘‘(2) WRITTEN NOTICE.—The Secretary of Homeland Security 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) DEFINITIONS.—In this subsection: 
‘‘(A) FLIGHT ENGINEER.—The term ‘flight engineer’ means an 
individual who holds a flight engineer certificate issued under part 
63 of title 14, Code of Federal Regulations. 
‘‘(B) MECHANIC.—The term ‘mechanic’ means an individual 
who holds a mechanic certificate issued under part 65 of title 14, 
Code of Federal Regulations. 
‘‘(C) PILOT.—The term ‘pilot’ means an individual who holds 
a pilot certificate issued under part 61 of title 14, Code of Federal 
Regulations. 
‘‘(D) REPAIRMAN.—The term ‘repairman’ means an individual 
who holds a repairman certificate issued under part 65 of title 14, 
Code of Federal Regulations. 
‘‘(2) PENALTY COVERAGE.— 
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‘‘(A) IN GENERAL.—The Secretary of Homeland Security may 
impose a civil penalty for a violation of chapter 409 (except sec-
tions 40912, 40913(d), 40917 (a) through (d)(1)(A) and (1)(C) 
through (f), 40918, and 40919) of title 6. 
‘‘(B) WRITTEN NOTICE.—The Secretary of Homeland Security 
shall give written notice of the finding of a violation and the pen-
alty. 
‘‘(C) EXCEPTION.—In the case of a violation of section 4202 of 
this title or a regulation prescribed or order issued under that pro-
vision, a penalty may not be imposed under this subsection for a 
violation relating to section 2764 of title 18. 
‘‘(3) LIMIT ON REEXAMINATION.—In a civil action to collect a civil 
penalty imposed by the Secretary of Homeland Security under this sub-
section, the issues of liability and the amount of the penalty may not 
be reexamined. 
‘‘(4) DISTRICT COURT JURISDICTION.—Notwithstanding paragraph 
(2) of this subsection, the district courts of the United States have ex-
clusive jurisdiction of a civil action involving a penalty the Secretary 
of Homeland Security initiates if— 
‘‘(A) the amount in controversy is more than— 
‘‘(i) $50,000 if the violation was committed by any person 
before December 12, 2003; 
‘‘(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 indi-
vidual 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) MAXIMUM PENALTY.—The maximum civil penalty the Secretary 
of Homeland Security may impose under this subsection is— 
‘‘(A) $50,000 if the violation was committed by any person be-
fore December 12, 2003; 
‘‘(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 
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‘‘(C) $50,000 if the violation was committed by an individual or 
small business concern on or after that date. 
‘‘(6) LIMITATION.—This subsection applies only to a violation occur-
ring after August 25, 1992. 
‘‘(e) COMPROMISE AND SETOFF.— 
‘‘(1) COMPROMISE.—The Secretary of Homeland Security may com-
promise the amount of a civil penalty imposed for violating— 
‘‘(A) chapter 409 (except sections 40912, 40913(d), 40914, 
40917(a) through (d)(1)(A) and (1)(C) through (f), 40918, and 
40919) of title 6; or 
‘‘(B) a regulation prescribed or order issued under any provision 
to which subparagraph (A) of this paragraph applies. 
‘‘(2) SETOFF.—The United States Government may deduct the 
amount of a civil penalty imposed or compromised under this sub-
section from amounts it owes the person liable for the penalty. 
‘‘(f) JUDICIAL REVIEW.—An order of the Secretary of Homeland Security 
imposing a civil penalty may be reviewed judicially only under section 40989 
of title 6. 
‘‘(g) NONAPPLICATION.— 
‘‘(1) IN GENERAL.—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) REPORT ON ACTION TAKEN.—The appropriate military author-
ity is responsible for taking necessary disciplinary action and submit-
ting to the Secretary of Homeland Security a timely report on action 
taken. 
‘‘§ 4202. False information 
‘‘(a) CIVIL PENALTY.—A person that, knowing the information to be 
false, gives, or causes to be given, under circumstances in which the infor-
mation reasonably may be believed, false information about an alleged at-
tempt being made or to be made to do an act that would violate section 
2762(a), 2764, 2765, or 2766 of title 18 is liable to the United States Gov-
ernment for a civil penalty of not more than $10,000 for each violation. 
‘‘(b) COMPROMISE AND SETOFF.— 
‘‘(1) COMPROMISE.—The Secretary of Homeland Security may com-
promise the amount of a civil penalty imposed under subsection (a). 
‘‘(2) SETOFF.—The United States 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. 
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‘‘§ 4203. Carrying a weapon 
‘‘(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 acces-
sible 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) COMPROMISE.—The Secretary of Homeland Security may com-
promise the amount of a civil penalty imposed under subsection (a). 
‘‘(2) SETOFF.—The United States 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 United States Government, 
authorized to carry arms in an official capacity; or 
‘‘(2) another individual the Secretary of Homeland Security or the 
Administrator of the Federal Aviation Administration by regulation au-
thorizes to carry arms in an official capacity. 
‘‘§ 4204. Interference with cabin or flight crew 
‘‘(a) IN GENERAL.—An individual who physically assaults or threatens to 
physically assault a member of the flight crew or cabin crew of a civil air-
craft 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 of Homeland Security may com-
promise 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. 
‘‘§ 4205. Actions to recover civil penalties 
‘‘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 if the value of the matter in controversy is more 
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than $20. Issues of fact tried by a jury may be reexamined only under com-
mon law rules.’’. 
(2) TABLE OF CONTENTS.—The table of contents of part VI of title 
28, United States Code, is amended by adding after the item for chap-
ter 181 the following: 
‘‘182. Air Transportation Security .................................................................
4201’’. 
(e) TITLE 49, UNITED STATES CODE.—Title 49, United States Code, is 
amended as follows: 
(1) Section 106(g) is amended to read as follows: 
‘‘(g) DUTIES
AND POWERS
OF ADMINISTRATOR.—The Administrator 
shall carry out— 
‘‘(1) duties and powers of the Secretary of Transportation under 
subsection (f) of this section related to aviation safety (except those re-
lated to transportation, packaging, marking, or description of haz-
ardous material) and stated in sections 308(b), 1132(c) and (d), 
40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 
40113(d), 40113(e), 40114(a), and 40119, chapter 445 (except sec-
tions 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 
44509, 44510, 44514, and 44515), chapter 447 (except sections 
44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 
44723), chapter 451, chapter 453, sections 46104, 46301(d) and 
(h)(2), 46303(c), 46304–46308, 46310, 46311, and 46313–46316, 
chapter 465, and sections 47504(b) (related to flight procedures), 
47508(a), and 48107 of this title; and 
‘‘(2) additional duties and powers prescribed by the Secretary of 
Transportation.’’. 
(2) Chapter 51 is amended— 
(A) by inserting after section 5110 the following: 
‘‘§ 5111. Hazardous material highway route plans 
‘‘(a) ROUTE PLAN GUIDANCE.—The Secretary of Transportation, in con-
sultation with the Secretary of Homeland Security, shall— 
‘‘(1) document existing and proposed routes for the transportation 
of radioactive and nonradioactive hazardous materials by motor carrier, 
and develop a framework for using a geographic information system- 
based approach to characterize routes in the national hazardous mate-
rials route registry; 
‘‘(2) assess and characterize existing and proposed routes for the 
transportation of radioactive and nonradioactive hazardous materials 
by motor carrier for the purpose of identifying measurable criteria for 
selecting routes based on safety and security concerns; 
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‘‘(3) analyze current route-related hazardous materials regulations in 
the United States, Canada, and Mexico to identify cross-border dif-
ferences and conflicting regulations; 
‘‘(4) document the safety and security concerns of the public, motor 
carriers, and State, local, territorial, and tribal governments about the 
highway routing of hazardous materials; 
‘‘(5) prepare guidance materials for State officials to assist them in 
identifying and reducing both safety concerns and security risks when 
designating highway routes for hazardous materials consistent with the 
13 safety-based nonradioactive materials routing criteria and radio-
active materials routing criteria in subparts C and D of part 397 of 
title 49, Code of Federal Regulations; 
‘‘(6) develop a tool that will enable State officials to examine poten-
tial routes for the highway transportation of hazardous materials, as-
sess specific security risks associated with each route, and explore al-
ternative mitigation measures; and 
‘‘(7) transmit to the appropriate congressional committees (as de-
fined in section 10101 of title 6) a report on the actions taken to fulfill 
paragraphs (1) through (6) and any recommended changes to the rout-
ing requirements for the highway transportation of hazardous materials 
in part 397 of title 49, Code of Federal Regulations. 
‘‘(b) ROUTE PLANS.— 
‘‘(1) ASSESSMENT.—The Secretary of Transportation shall complete 
an assessment of the safety and national security benefits achieved 
under existing requirements for route plans, in written or electronic 
format, for explosives and radioactive materials. The assessment shall, 
at a minimum— 
‘‘(A) compare the percentage of Department of Transportation 
recordable incidents and the severity of the incidents for shipments 
of explosives and radioactive materials for which route plans are 
required with the percentage of recordable incidents and the sever-
ity of the incidents for shipments of explosives and radioactive ma-
terials not subject to route plans; and 
‘‘(B) quantify the security and safety benefits, feasibility, and 
costs of requiring each motor carrier that is required to have a 
hazardous material safety permit under part 385 of title 49, Code 
of Federal Regulations, to maintain, follow, and carry a route plan 
that meets the requirements of section 397.101 of that title when 
transporting the type and quantity of hazardous materials de-
scribed in section 385.403, taking into account the various seg-
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