H. R. 1758—493
(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 state-
ment;
(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 installa-
tion 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 proce-
dures 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 reg-
istration;
(3) knowingly and willfully displays or causes to be dis-
played 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 con-
tains a false, fictitious, or fraudulent statement or entry.
§ 46307. Violation of national defense airspace
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.
H. R. 1758—494
§ 46308. Interference with air navigation
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.
§ 46309. Concession and price violations
(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 will-
ingly allows, a person to obtain transportation or services sub-
ject 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.
§ 46310. Reporting and recordkeeping violations
(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 44702–44716 of this title.
H. R. 1758—495
§ 46311. Unlawful disclosure of information
(a) CRIMINAL PENALTY.—The Secretary of Transportation, 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
or Administrator shall be fined under title 18, imprisoned for not
more than 2 years, or both, if the Secretary, Administrator, officer,
or employee knowingly and willfully discloses information that—
(1) the 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
or Administrator to disclose information that the Secretary
or Administrator had ordered withheld; or
(2) the 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 or Administrator to withhold
information from a committee of Congress authorized to have the
information.
§ 46312. Transporting hazardous material
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—
(1) willfully delivers, or causes to be delivered, property
containing hazardous material to an air carrier or to an opera-
tor of a civil aircraft for transportation in air commerce; or
(2) recklessly causes the transportation in air commerce
of the property.
§ 46313. Refusing to appear or produce records
A person not obeying a subpena or requirement 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) to appear and
testify or produce records shall be fined under title 18, imprisoned
for not more than one year, or both.
§ 46314. Entering aircraft or airport area in violation of secu-
rity requirements
(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.
H. R. 1758—496
§ 46315. Lighting violations involving transporting con-
trolled substances by aircraft not providing air
transportation
(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 sub-
stance 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).
§ 46316. General criminal penalty when specific penalty not
provided
(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 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, and sections 44701(a) and (b), 44702–44716, 44901, 44903(b)
and (c), 44905, 44906, 44912–44915, and 44932–44938 of this title.
CHAPTER 465—SPECIAL AIRCRAFT JURISDICTION OF
THE UNITED STATES
Sec.
46501.
Definitions.
46502.
Aircraft piracy.
46503.
Death penalty sentencing procedure for aircraft piracy.
46504.
Interference with flight crew members and attendants.
46505.
Carrying a weapon or explosive on an aircraft.
46506.
Application of certain criminal laws to acts on aircraft.
46507.
False information and threats.
§ 46501. Definitions
In this chapter—
(1) ‘‘aircraft in flight’’ means an aircraft from the moment
all external doors are closed following boarding—
H. R. 1758—497
(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) ‘‘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 defined in the Convention for the Suppression of
Unlawful Seizure of Aircraft) if the aircraft lands in
the United States with the individual still on the air-
craft; or
(iii) against which an individual commits an
offense (as defined 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 does not have a principal place of business,
whose permanent residence is in the United States.
(3) an individual commits an offense (as defined in 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
subclause (A) of this clause.
§ 46502. Aircraft piracy
(a) IN
SPECIAL
AIRCRAFT
JURISDICTION.—(1) In this sub-
section—
(A) ‘‘aircraft piracy’’ means seizing or exercising control
of an aircraft in the special aircraft jurisdiction of the United
States by force, violence, threat of force or violence, or any
form of intimidation, and with wrongful intent.
(B) an attempt to commit aircraft piracy is 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.
(2) An individual committing or attempting to commit aircraft
piracy—
(A) shall be imprisoned for at least 20 years; or
(B) if the death of another individual results from the
commission or attempt, shall be put to death or imprisoned
for life.
H. R. 1758—498
(b) OUTSIDE SPECIAL AIRCRAFT JURISDICTION.—(1) An individ-
ual committing an offense (as defined in the Convention for the
Suppression of Unlawful Seizure of Aircraft) on an aircraft in flight
outside the special aircraft jurisdiction of the United States and
later found in the United States—
(A) shall be imprisoned for at least 20 years; or
(B) if the death of another individual results from the
commission or attempt, shall be put to death or imprisoned
for life.
(2) This subsection applies only if the place of takeoff or landing
of the aircraft on which the individual commits the offense is
located outside the territory of the country of registration of the
aircraft.
§ 46503. Death penalty sentencing procedure for aircraft
piracy
(a) GOVERNMENT STIPULATIONS.—An individual convicted of vio-
lating section 46502 of this title may not be sentenced to death
if the United States Government stipulates that at least one of
the mitigating factors specified in subsection (c)(1) of this section
exists or none of the aggravating factors specified in subsection
(c)(2) of this section exists. If the Government does not stipulate,
the judge presiding at the trial or accepting the guilty plea of
the individual shall hold a separate hearing to decide on the punish-
ment to be imposed.
(b) PUNISHMENT HEARINGS.—(1) The hearing under this section
shall be conducted—
(A) before the jury that found the defendant guilty;
(B) before a jury impaneled for the hearing when—
(i) the defendant was convicted by a guilty plea;
(ii) the defendant was convicted by a judge without
a jury; or
(iii) the jury finding the defendant guilty was dis-
charged by the judge for good cause; or
(C) before the judge, on motion of the defendant and with
the approval of the judge and the Government.
(2) At the hearing, the judge shall disclose to the defendant
or counsel for the defendant all material contained in any
presentence report, except material the judge decides is required
to be withheld to protect human life or national security.
Presentence information withheld from the defendant may not be
considered in deciding whether the factors specified in subsection
(c) of this section exist.
(3) Information relevant to the mitigating factors specified in
subsection (c)(1) of this section may be presented by the Government
or the defendant without regard to the rules governing the
admissibility of evidence at criminal trials. The burden of establish-
ing the existence of a mitigating factor specified in subsection
(c)(1) is on the defendant.
(4) Information relevant to the aggravating factors specified
in subsection (c)(2) of this section is admissible only under rules
governing the admissibility of evidence at criminal trials. The bur-
den of establishing the existence of an aggravating factor specified
in subsection (c)(2) is on the Government.
(5) The Government and the defendant may rebut information
presented at the hearing. They shall be given an opportunity to
H. R. 1758—499
present arguments on the adequacy of the information to establish
the existence of the factors specified in subsection (c) of this section.
(c) MITIGATING AND AGGRAVATING FACTORS.—(1) The judge may
not impose the death penalty on a defendant if the jury or, if
there is no jury, the judge finds under this section that at the
time of the violation of section 46502 of this title—
(A) the defendant was not yet 18 years of age;
(B) the capacity of the defendant to appreciate the
wrongfulness of the defendant’s conduct or to conform the
defendant’s conduct to the requirements of law was impaired
significantly, but the capacity was not impaired sufficiently
to be a defense to prosecution;
(C) the defendant was under unusual and substantial
duress, but the duress was not sufficient to be a defense to
prosecution;
(D) the defendant was a principal (as defined in section
2(a) of title 18) in a violation committed by another individual,
but the participation of the defendant was relatively minor,
although not sufficiently minor to be a defense to prosecution;
or
(E) the defendant reasonably could not have foreseen that
the conduct of the defendant in the violation would cause
or create a grave risk of causing death to another individual.
(2) If none of the factors specified in paragraph (1) of this
subsection exists, the judge shall impose the death penalty on
the defendant if the jury or, if there is no jury, the judge finds
under this section that—
(A) the death of another individual resulted from the viola-
tion after the defendant had seized or exercised control of
the aircraft; or
(B) the death of another individual resulted from the viola-
tion and—
(i) the defendant has been convicted of another United
States or State offense (committed before or at the time
of the violation) for which punishment of life imprisonment
or death could be imposed;
(ii) the defendant has been convicted of at least 2
United States or State offenses with a penalty of more
than one year of imprisonment (committed on different
occasions before the time of the violation) that involved
inflicting serious bodily injury on another individual;
(iii) in committing the violation, the defendant know-
ingly created a grave risk of death to an individual in
addition to the individual whose death resulted from the
violation; or
(iv) the defendant committed the violation in an espe-
cially heinous, cruel, or depraved manner.
(d) DEATH PENALTY REQUIREMENTS.—(1) If the jury or, if there
is no jury, the judge finds by a preponderance of the information
that none of the mitigating factors specified in subsection (c)(1)
of this section exists and that at least one of the aggravating
factors specified in subsection (c)(2) of this section exists, the judge
shall impose the death penalty on the defendant. If the jury or
judge finds that at least one of the mitigating factors specified
in subsection (c)(1) exists, or that none of the aggravating factors
specified in subsection (c)(2) exists, the judge may not impose the
H. R. 1758—500
death penalty on the defendant but shall impose another penalty
provided for the defendant’s violation of section 46502 of this title.
(2) The jury or, if there is no jury, the judge shall return
a special verdict containing findings on whether each of the factors
specified in subsection (c) of this section exists.
§ 46504. 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 attendant to perform those duties,
shall be fined under title 18, imprisoned for not more than 20
years, or both. However, if a dangerous weapon is used in assaulting
or intimidating the member or attendant, the individual shall be
imprisoned for any term of years or for life.
§ 46505. Carrying a weapon or explosive on an aircraft
(a) DEFINITION.—In this section, ‘‘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 powder
in the chamber, magazine, cylinder, or clip.
(b) GENERAL CRIMINAL PENALTY.—An individual shall be fined
under title 18, imprisoned for not more than one year, or both,
if the individual—
(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 acces-
sible 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 incendiary device.
(c) CRIMINAL PENALTY INVOLVING DISREGARD
FOR HUMAN
LIFE.—An individual who willfully and without regard for the safety
of human life, or with reckless disregard for the safety of human
life, violates subsection (b) of this section, shall be fined under
title 18, imprisoned for not more than 5 years, or both.
(d) NONAPPLICATION.—Subsection (b)(1) of this section does not
apply to—
(1) a law enforcement officer of a State or political subdivi-
sion 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 Federal
Aviation 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.
H. R. 1758—501
§ 46506. Application of certain criminal laws to acts on air-
craft
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
title 18) would violate section 113, 114, 661, 662, 1111, 1112,
1113, or 2111 or chapter 109A of title 18, shall be fined under
title 18, 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 §22-1112),
shall be fined under title 18, imprisoned under section 9 of
the Act, or both.
§ 46507. False information and threats
An individual shall be fined under title 18, imprisoned for
not more than 5 years, or both, if the individual—
(1) knowing the information to be false, willfully and mali-
ciously 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 46502(a), 46504, 46505, or
46506 of this title; or
(2)(A) threatens to violate section 46502(a), 46504, 46505,
or 46506 of this title, or causes a threat to violate any of
those sections to be made; and
(B) has the apparent determination and will to carry out
the threat.
PART B—AIRPORT DEVELOPMENT AND NOISE
CHAPTER 471—AIRPORT DEVELOPMENT
SUBCHAPTER I—AIRPORT IMPROVEMENT
Sec.
47101.
Policies.
47102.
Definitions.
47103.
National plan of integrated airport systems.
47104.
Project grant authority.
47105.
Project grant applications.
47106.
Project grant application approval conditioned on satisfaction of project re-
quirements.
47107.
Project grant application approval conditioned on assurances about airport
operations.
47108.
Project grant agreements.
47109.
United States Government’s share of project costs.
47110.
Allowable project costs.
47111.
Payments under project grant agreements.
47112.
Carrying out airport development projects.
47113.
Minority and disadvantaged business participation.
47114.
Apportionments.
47115.
Discretionary fund.
47116.
Small airport fund.
47117.
Use of apportioned amounts.
47118.
Designating current and former military airports.
47119.
Terminal development costs.
47120.
Grant priority.
47121.
Records and audits.
47122.
Administrative.
47123.
Nondiscrimination.