subpart iv - enforcement and penalties

TITLE 49 - US CODE - CHAPTER 461 - INVESTIGATIONS AND PROCEEDINGS

49 USC 46101 - Complaints and investigations

(a) General.— 

(1) A person may file a complaint in writing with 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) about a person violating this part or a requirement prescribed under this part. Except as provided in subsection (b) of this section, the Secretary, Under Secretary, or Administrator shall investigate the complaint if a reasonable ground appears to the Secretary, Under Secretary, or Administrator for the investigation.
(2) On the initiative of the Secretary, Under Secretary, or Administrator, as appropriate, the Secretary, Under Secretary, or Administrator may conduct an investigation, if a reasonable ground appears to the Secretary, Under Secretary, or Administrator for the investigation, about
(A) a person violating this part or a requirement prescribed under this part; or
(B) any question that may arise under this part.
(3) The Secretary of Transportation, Under Secretary, or Administrator may dismiss a complaint without a hearing when the Secretary, Under Secretary, or Administrator is of the opinion that the complaint does not state facts that warrant an investigation or action.
(4) After notice and an opportunity for a hearing and subject to section 40105 (b) of this title, the Secretary of Transportation, Under Secretary, or Administrator shall issue an order to compel compliance with this part if the Secretary, Under Secretary, or Administrator finds in an investigation under this subsection that a person is violating this part.
(b) Complaints Against Members of Armed Forces.— 
The Secretary of Transportation, Under Secretary, or Administrator shall refer a complaint against a member of the armed forces of the United States performing official duties to the Secretary of the department concerned for action. Not later than 90 days after receiving the complaint, the Secretary of that department shall inform the Secretary of Transportation, Under Secretary, or Administrator of the action taken on the complaint, including any corrective or disciplinary action taken.

49 USC 46102 - Proceedings

(a) Conducting Proceedings.— 
Subject to subchapter II of chapter 5 of title 5, 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) may conduct proceedings in a way conducive to justice and the proper dispatch of business.
(b) Appearance.— 
A person may appear and be heard before the Secretary, the Under Secretary, and the Administrator in person or by an attorney. The Secretary may appear and participate as an interested party in a proceeding the Administrator conducts under section 40113 (a) of this title.
(c) Recording and Public Access.— 
Official action taken by the Secretary, Under Secretary, and Administrator under this part shall be recorded. Proceedings before the Secretary, Under Secretary, and Administrator shall be open to the public on the request of an interested party unless the Secretary, Under Secretary, or Administrator decides that secrecy is required because of national defense.
(d) Conflicts of Interest.— 
The Secretary, the Under Secretary, the Administrator, or an officer or employee of the Administration may not participate in a proceeding referred to in subsection (a) of this section in which the individual has a pecuniary interest.

49 USC 46103 - Service of notice, process, and actions

(a) Designating Agents.— 

(1) Each air carrier and foreign air carrier shall designate an agent on whom service of notice and process in a proceeding before, and an action 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) may be made.
(2) The designation
(A) shall be in writing and filed with the Secretary, Under Secretary, or Administrator; and
(B) may be changed in the same way as originally made.
(b) Service.— 

(1) Service may be made
(A) by personal service;
(B) on a designated agent; or
(C) by certified or registered mail to the person to be served or the designated agent of the person.
(2) The date of service made by certified or registered mail is the date of mailing.
(c) Serving Agents.— 
Service on an agent designated under this section shall be made at the office or usual place of residence of the agent. If an air carrier or foreign air carrier does not have a designated agent, service may be made by posting the notice, process, or action in the office of the Secretary, Under Secretary, or Administrator.

49 USC 46104 - Evidence

(a) General.— 
In conducting a hearing or investigation under this part, 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) may
(1) subpena witnesses and records related to a matter involved in the hearing or investigation from any place in the United States to the designated place of the hearing or investigation;
(2) administer oaths;
(3) examine witnesses; and
(4) receive evidence at a place in the United States the Secretary, Under Secretary, or Administrator designates.
(b) Compliance With Subpenas.— 
If a person disobeys a subpena, the Secretary, the Under Secretary, the Administrator, or a party to a proceeding before the Secretary, Under Secretary, or Administrator may petition a court of the United States to enforce the subpena. A judicial proceeding to enforce a subpena under this section may be brought in the jurisdiction in which the proceeding or investigation is conducted. The court may punish a failure to obey an order of the court to comply with the subpena as a contempt of court.
(c) Depositions.— 

(1) In a proceeding or investigation, the Secretary, Under Secretary, or Administrator may order a person to give testimony by deposition and to produce records. If a person fails to be deposed or to produce records, the order may be enforced in the same way a subpena may be enforced under subsection (b) of this section.
(2) A deposition may be taken before an individual designated by the Secretary, Under Secretary, or Administrator and having the power to administer oaths.
(3) Before taking a deposition, the party or the attorney of the party proposing to take the deposition must give reasonable notice in writing to the opposing party or the attorney of record of that party. The notice shall state the name of the witness and the time and place of taking the deposition.
(4) The testimony of a person deposed under this subsection shall be under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent. Each deposition shall be filed promptly with the Secretary, Under Secretary, or Administrator.
(5) If the laws of a foreign country allow, the testimony of a witness in that country may be taken by deposition
(A) by a consular officer or an individual commissioned by the Secretary, Under Secretary, or Administrator or agreed on by the parties by written stipulation filed with the Secretary, Under Secretary, or Administrator; or
(B) under letters rogatory issued by a court of competent jurisdiction at the request of the Secretary, Under Secretary, or Administrator.
(d) Witness Fees and Mileage and Certain Foreign Country Expenses.— 
A witness summoned before the Secretary, Under Secretary, or Administrator or whose deposition is taken under this section and the individual taking the deposition are each entitled to the same fee and mileage that the witness and individual would have been paid for those services in a court of the United States. Under regulations of the Secretary, Under Secretary, or Administrator, the Secretary, Under Secretary, or Administrator shall pay the necessary expenses incident to executing, in another country, a commission or letter rogatory issued at the initiative of the Secretary, Under Secretary, or Administrator.
(e) Designating Employees To Conduct Hearings.— 
When designated by the Secretary, Under Secretary, or Administrator, an employee appointed under section 3105 of title 5 may conduct a hearing, subpena witnesses, administer oaths, examine witnesses, and receive evidence at a place in the United States the Secretary, Under Secretary, or Administrator designates. On request of a party, the Secretary, Under Secretary, or Administrator shall hear or receive argument.

49 USC 46105 - Regulations and orders

(a) Effectiveness of Orders.— 
Except as provided in 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) takes effect within a reasonable time prescribed by the Secretary, Under Secretary, or Administrator. The regulation or order remains in effect under its own terms or until superseded. Except as provided in this part, the Secretary, Under Secretary, or Administrator may amend, modify, or suspend an order in the way, and by giving the notice, the Secretary, Under Secretary, or Administrator decides.
(b) Contents and Service of Orders.— 
An order of the Secretary, Under Secretary, or Administrator shall include the findings of fact on which the order is based and shall be served on the parties to the proceeding and the persons affected by the order.
(c) Emergencies.— 
When the Administrator is of the opinion that an emergency exists related to safety in air commerce and requires immediate action, the Administrator, on the initiative of the Administrator or on complaint, may prescribe regulations and issue orders immediately to meet the emergency, with or without notice and without regard to this part and subchapter II of chapter 5 of title 5. The Administrator shall begin a proceeding immediately about an emergency under this subsection and give preference, when practicable, to the proceeding.

49 USC 46106 - Enforcement by the Department of Transportation

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) may bring a civil action against a person in a district court of the United States to enforce this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this part. The action may be brought in the judicial district in which the person does business or the violation occurred.

49 USC 46107 - Enforcement by the Attorney General

(a) Civil Actions To Enforce Section 40106(b).The Attorney General may bring a civil action in a district court of the United States against a person to enforce section 40106 (b) of this title. The action may be brought in the judicial district in which the person does business or the violation occurred.
(b) Civil Actions To Enforce This Part.— 

(1) On request 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), the Attorney General may bring a civil action in an appropriate court
(A) to enforce this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this part; and
(B) to prosecute a person violating this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this part.
(2) The costs and expenses of a civil action shall be paid out of the appropriations for the expenses of the courts of the United States.
(c) Participation of Secretary, Under Secretary, or Administrator.— 
On request of the Attorney General, the Secretary, Under Secretary, or Administrator, as appropriate, may participate in a civil action under this part.

49 USC 46108 - Enforcement of certificate requirements by interested persons

An interested person may bring a civil action in a district court of the United States against a person to enforce section 41101 (a)(1) of this title. The action may be brought in the judicial district in which the defendant does business or the violation occurred.

49 USC 46109 - Joinder and intervention

A person interested in or affected by a matter under consideration in a proceeding before the Secretary of Transportation or civil action to enforce this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this part may be joined as a party or permitted to intervene in the proceeding or civil action.

49 USC 46110 - Judicial review

(a) Filing and Venue.— 
Except for an order related to a foreign air carrier subject to disapproval by the President under section 41307 or 41509 (f) of this title, a person disclosing a substantial interest in an 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 duties and powers designated to be carried out by the Administrator) in whole or in part under this part, part B, or subsection (l) or (s) of section 114 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 business. 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) of this section, the clerk of the court immediately shall send a copy of the petition to the Secretary, Under Secretary, or Administrator, as appropriate. The Secretary, Under Secretary, or 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 Secretary, Under Secretary, or Administrator, the court has exclusive jurisdiction to affirm, amend, modify, or set aside any part of the order and may order the Secretary, Under Secretary, or Administrator to conduct further proceedings. After reasonable notice to the Secretary, Under Secretary, or 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 Secretary, Under Secretary, or Administrator, 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 Secretary, Under Secretary, or Administrator only if the objection was made in the proceeding conducted by the Secretary, Under Secretary, or 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.

49 USC 46111 - Certificate actions in response to a security threat

(a) Orders.— 
The Administrator of Federal Aviation Administration shall issue an order amending, modifying, suspending, or revoking any part of a certificate issued under this title if the Administrator is notified by the Under Secretary for Border and Transportation Security of the Department of Homeland Security that the holder of the certificate poses, or is suspected of posing, a risk of air piracy or terrorism or a threat to airline or passenger safety. If requested by the Under Secretary, the order shall be effective immediately.
(b) Hearings for Citizens.— 
An individual who is a citizen of the United States who is adversely affected by an order of the Administrator under subsection (a) is entitled to a hearing on the record.
(c) Hearings.— 
When conducting a hearing under this section, the administrative law judge shall not be bound by findings of fact or interpretations of laws and regulations of the Administrator or the Under Secretary.
(d) Appeals.— 
An appeal from a decision of an administrative law judge as the result of a hearing under subsection (b) shall be made to the Transportation Security Oversight Board established by section 115. The Board shall establish a panel to review the decision. The members of this panel
(1)  shall not be employees of the Transportation Security Administration,
(2)  shall have the level of security clearance needed to review the determination made under this section, and
(3)  shall be given access to all relevant documents that support that determination. The panel may affirm, modify, or reverse the decision.
(e) Review.— 
A person substantially affected by an action of a panel under subsection (d), or the Under Secretary when the Under Secretary decides that the action of the panel under this section will have a significant adverse impact on carrying out this part, may obtain review of the order under section 46110. The Under Secretary and the Administrator shall be made a party to the review proceedings. Findings of fact of the panel are conclusive if supported by substantial evidence.
(f) Explanation of Decisions.— 
An individual who commences an appeal under this section shall receive a written explanation of the basis for the determination or decision and all relevant documents that support that determination to the maximum extent that the national security interests of the United States and other applicable laws permit.
(g) Classified Evidence.— 

(1) In general.— 
The Under Secretary, in consultation with the Administrator and the Director of Central Intelligence, shall issue regulations to establish procedures by which the Under Secretary, as part of a hearing conducted under this section, may provide an unclassified summary of classified evidence upon which the order of the Administrator was based to the individual adversely affected by the order.
(2) Review of classified evidence by administrative law judge.— 

(A) Review.— 
As part of a hearing conducted under this section, if the order of the Administrator issued under subsection (a) is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.),[1] such information may be submitted by the Under Secretary to the reviewing administrative law judge, pursuant to appropriate security procedures, and shall be reviewed by the administrative law judge ex parte and in camera.
(B) Security clearances.— 
Pursuant to existing procedures and requirements, the Under Secretary shall, in coordination, as necessary, with the heads of other affected departments or agencies, ensure that administrative law judges reviewing orders of the Administrator under this section possess security clearances appropriate for their work under this section.
(3) Unclassified summaries of classified evidence.— 
As part of a hearing conducted under this section and upon the request of the individual adversely affected by an order of the Administrator under subsection (a), the Under Secretary shall provide to the individual and reviewing administrative law judge, consistent with the procedures established under paragraph (1), an unclassified summary of any classified information upon which the order of the Administrator is based.
[1] So in original. Probably should be “App.)),”.

TITLE 49 - US CODE - CHAPTER 463 - PENALTIES

49 USC 46301 - Civil penalties

(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 447section 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 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 447section 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.
(6) Failure To 1 Collect 1 Airport 1 Security 1 Badges 1.— 
Notwithstanding paragraph (1), any employer (other than a governmental entity or airport operator) who employs an employee to whom an airport security badge or other identifier used to obtain access to a secure area of an airport is issued before, on, or after the date of enactment of this paragraph and who does not collect or make reasonable efforts to collect such badge from the employee on the date that the employment of the employee is terminated and does not notify the operator of the airport of such termination within 24 hours of the date of such termination shall be liable to the Government for a civil penalty not to exceed $10,000.
(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 447section 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[2] (except for a violation relating to section 46504), 46303,[2] 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 100Century 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 100Century 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 447section 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).
[1] So in original. Probably should not be capitalized.
[2] So in original. Probably should be preceded by “section”.

49 USC 46302 - 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 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.

49 USC 46303 - 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 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.

49 USC 46304 - Liens on aircraft

(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.

49 USC 46305 - 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 (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.

49 USC 46306 - Registration violations involving aircraft not providing air transportation

(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 airmans 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 airmans 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 aircrafts 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.

49 USC 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.

49 USC 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.

49 USC 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 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.

49 USC 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 any of sections 44702–44716 of this title.

49 USC 46311 - Unlawful disclosure of information

(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.

49 USC 46312 - Transporting hazardous material

(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.

49 USC 46313 - Refusing to appear or produce records

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.

49 USC 46314 - Entering aircraft or airport area in violation of security 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.

49 USC 46315 - Lighting violations involving transporting controlled 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 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).

49 USC 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 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 449section 44718 (a)), and chapter 449 (except sections 44902, 44903 (d), 44904, and 44907–44909) of this title.

49 USC 46317 - Criminal penalty for pilots operating in air transportation without an airmans certificate

(a) General Criminal Penalty.— 
An individual shall be fined under title 18 or imprisoned for not more than 3 years, or both, if that individual
(1) knowingly and willfully serves or attempts to serve in any capacity as an airman operating an aircraft in air transportation without an airmans 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 airmans 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.

49 USC 46318 - Interference with cabin or flight crew

(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.

49 USC 46319 - Permanent closure of an airport without providing sufficient notice

(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.

TITLE 49 - US CODE - CHAPTER 465 - SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES

49 USC 46501 - Definitions

In this chapter
(1) aircraft in flight means an aircraft from the moment all external doors are closed following boarding
(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 aircraft; 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.

49 USC 46502 - Aircraft piracy

(a) In Special Aircraft Jurisdiction.— 

(1) In this subsection
(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 or conspiring to commit aircraft piracy
(A) shall be imprisoned for at least 20 years; or
(B) notwithstanding section 3559 (b) of title 18, if the death of another individual results from the commission or attempt, shall be put to death or imprisoned for life.
(b) Outside Special Aircraft Jurisdiction.— 

(1) An individual committing or conspiring to commit 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
(A) shall be imprisoned for at least 20 years; or
(B) notwithstanding section 3559 (b) of title 18, if the death of another individual results from the commission or attempt, shall be put to death or imprisoned for life.
(2) There is jurisdiction over the offense in paragraph (1) 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.
(3) For purposes of this subsection, the term national of the United States has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(22)).

49 USC 46503 - Interference with security screening personnel

An individual in an area within a commercial service airport in the United States who, by assaulting a Federal, airport, or air carrier employee who has security duties within the airport, interferes with the performance of the duties of the employee or lessens the ability of the employee to perform those duties, shall be fined under title 18, imprisoned for not more than 10 years, or both. If the individual used a dangerous weapon in committing the assault or interference, the individual may be imprisoned for any term of years or life imprisonment.

49 USC 46504 - Interference with flight crew members and attendants

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, or attempts or conspires to do such an act, 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.

49 USC 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 10 years, 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 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 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 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) of 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;
(2) another individual the Administrator of the Federal Aviation Administration or the Under Secretary of Transportation for Security 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 two or more persons conspire to violate subsection (b) or (c), and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in such subsection.

49 USC 46506 - Application of certain criminal laws to acts on 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 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.

49 USC 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 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 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.