Title 49 — Transportation

Part A · Chapter 463 — Penalties

§ 46301. Civil penalties

Statutory text

General Penalty.—

A person is liable to the United States Government for a civil penalty of not more than $75,000 (or $1,100 if the person is an individual or small business concern) for violating—

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 423 (except section 42306), chapter 441 (except section 44109), section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 448, chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), and 44908), chapter 451, section 47107(a)(22) (including any assurance made under such section), section 47107(b) (including any assurance made under such section), or section 47133 of this title;

a regulation prescribed or order issued under any provision to which clause (A) of this paragraph applies;

any term of a certificate or permit issued under section 41102, 41103, or 41302 of this title; or

a regulation of the United States Postal Service under this part.

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).

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.

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).

Penalties applicable to individuals and small business concerns.—

An individual (except an airman serving as an airman) or small business concern is liable to the Government for a civil penalty of not more than $10,000 for violating—

chapter 401 (except sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117), section 44502 (b) or (c), chapter 447 (except sections 44717–44723), chapter 448, chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909), chapter 451, or section 46314(a) of this title; or

a regulation prescribed or order issued under any provision to which clause (i) applies.

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—

the transportation of hazardous material;

the registration or recordation under chapter 441 of an aircraft not used to provide air transportation;

a violation of section 44718(d), relating to the limitation on construction or establishment of landfills;

a violation of section 44725, relating to the safe disposal of life-limited aircraft parts; or

a violation of section 40127 or section 41705, relating to discrimination.

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.

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 of Transportation 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.

Failure to collect airport security badges.—

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.

Penalties relating to harm to passengers with disabilities.—

Penalty for bodily harm or damage to wheelchair or other mobility aid.—

The amount of a civil penalty assessed under this section for a violation of section 41705 that involves damage to a passenger’s wheelchair or other mobility aid or injury to a passenger with a disability may be increased above the otherwise applicable maximum amount under this section for a violation of section 41705 to an amount not to exceed 3 times the maximum penalty otherwise allowed.

Each act constitutes separate offense.—

Notwithstanding paragraph (2), a separate violation of section 41705 occurs for each act of discrimination prohibited by that section.

Failure to Continue Offering Aviation Fuel 1.—

Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 47107(a)(22) (including any assurance made under such section) committed by a person, including if the person is an individual or a small business concern, shall be $5,000 for each day that the person is in violation of that section.

Smoke Alarm Device Penalty.—

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.

An individual violating this subsection is liable to the Government for a civil penalty of not more than $2,000.

Procedural Requirements.—

The Secretary of Transportation may impose a civil penalty for the following violations only after notice and an opportunity for a hearing:

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, chapter 423, or section 44909 of this title.

a violation of a regulation prescribed or order issued under any provision to which clause (A) of this paragraph applies.

a violation of any term of a certificate or permit issued under section 41102, 41103, or 41302 of this title.

a violation under subsection (a)(1) of this section related to the transportation of hazardous material.

The Secretary shall give written notice of the finding of a violation and the civil penalty under paragraph (1) of this subsection.

Administrative Imposition of Penalties.—

In this subsection—

“flight engineer” means an individual who holds a flight engineer certificate issued under part 63 of title 14, Code of Federal Regulations.

“mechanic” means an individual who holds a mechanic certificate issued under part 65 of title 14, Code of Federal Regulations.

“pilot” means an individual who holds a pilot certificate issued under part 61 of title 14, Code of Federal Regulations.

“repairman” means an individual who holds a repairman certificate issued under part 65 of title 14, Code of Federal Regulations.

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), section 42121, chapter 441 (except section 44109), section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 448, chapter 451, section 46301(b), section 46302 (for a violation relating to section 46504), section 46318, section 46319, section 46320, or section 47107(b) (as further defined by the Secretary of Transportation under section 47107(k) 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), section 46302 (except for a violation relating to section 46504), or section 46303 of this title or a regulation prescribed or order issued under any of those provisions. The Secretary of Homeland Security or Administrator of the Federal Aviation Administration shall give written notice of the finding of a violation and the penalty.

In a civil action to collect a civil penalty imposed by the Secretary of Homeland Security or Administrator of the Federal Aviation Administration under this subsection, the issues of liability and the amount of the penalty may not be reexamined.

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 of the Federal Aviation Administration initiates if—

the amount in controversy is more than—

$400,000 if the violation was committed by any person other than an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024;

$50,000 if the violation was committed by an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024;

$1,200,000 if the violation was committed by a person other than an individual or small business concern on or after the date of enactment of the FAA Reauthorization Act of 2024; or

$100,000 if the violation was committed by an individual on or after the date of enactment of the FAA Reauthorization Act of 2024;

the action is in rem or another action in rem based on the same violation has been brought;

the action involves an aircraft subject to a lien that has been seized by the Government; or

another action has been brought for an injunction based on the same violation.

The Administrator of the Federal Aviation Administration 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 of the Federal Aviation Administration 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.

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.

When conducting a hearing under this paragraph, the Board is not bound by findings of fact of the Administrator of the Federal Aviation Administration but is bound by all validly adopted interpretations of laws and regulations the Administrator of the Federal Aviation Administration 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.

When an individual files an appeal with the Board under this paragraph, the order of the Administrator of the Federal Aviation Administration is stayed.

An individual substantially affected by an order of the Board under paragraph (5) of this subsection, or the Administrator of the Federal Aviation Administration when the Administrator of the Federal Aviation Administration 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 of the Federal Aviation Administration shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.

The Administrator of the Federal Aviation Administration 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.

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 of the Federal Aviation Administration shall consider only whether—

each finding of fact is supported by a preponderance of reliable, probative, and substantial evidence;

each conclusion of law is made according to applicable law, precedent, and public policy; and

the judge committed a prejudicial error that supports the appeal.

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.

In the case of a violation of section 47107(b) of this title or any assurance made under such section—

a civil penalty shall not be assessed against an individual;

a civil penalty may be compromised as provided under subsection (f); and

judicial review of any order assessing a civil penalty may be obtained only pursuant to section 46110 of this title.

The maximum civil penalty the Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, or Board may impose under this subsection is—

$400,000 if the violation was committed by a person other than an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024;

$50,000 if the violation was committed by an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024;

$1,200,000 if the violation was committed by a person other than an individual or small business concern on or after the date of enactment of the FAA Reauthorization Act of 2024; or

$100,000 if the violation was committed by an individual on or after the date of enactment of the FAA Reauthorization Act of 2024.

This subsection applies only to a violation occurring after August 25, 1992.

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 of Transportation shall consider—

the nature, circumstances, extent, and gravity of the violation;

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

other matters that justice requires.

Compromise and Setoff.—

The Secretary may compromise the amount of a civil penalty imposed for violating—

chapter 401 (except sections 40103(a) and (d), 40105, 40116, and 40117), chapter 441 (except section 44109), section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 448, chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909), or chapter 451 of this title; or

a regulation prescribed or order issued under any provision to which clause (i) of this subparagraph applies.

The Postal Service may compromise the amount of a civil penalty imposed under subsection (a)(1)(D) of this section.

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.

Judicial Review.—

An order of the Secretary or the Administrator of the Federal Aviation Administration imposing a civil penalty may be reviewed judicially only under section 46110 of this title.

Nonapplication.—

This section does not apply to the following when performing official duties:

a member of the armed forces of the United States.

a civilian employee of the Department of Defense subject to the Uniform Code of Military Justice.

The appropriate military authority is responsible for taking necessary disciplinary action and submitting to the Secretary (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) a timely report on action taken.

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).

Footnotes

1 So in original. Words following initial word in par. heading probably should not be capitalized.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1994
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 46301
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1231
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1231
Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:
1994
Pub. L. 103–305 § 207(c)(1) · 108 Stat. 1569
Inserted · 49 U.S.C. § 46301(a)(1)(A)
Pub. L. 103–305, § 207(c)(1), inserted “, or 41715” before “of this title”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–305, § 207(c)(1), inserted “, or 41715” before “of this title”.
Enacted provision · exact public law section
SEC. 207. AIR SERVICE TERMINATION NOTICE. (a) In General.— Subchapter I of chapter 417 of subtitle VII is further amended by adding at the end the following new section:
1994
Pub. L. 103–305 § 112(c)(1)(A) · 108 Stat. 1569
Substituted · 49 U.S.C. § 46301(a)(1)(A)
Pub. L. 103–305, § 112(c)(1)(A), substituted “46303, 47107(b) (including any assurance made under such section)” for “or 46303”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–305, § 112(c)(1)(A), substituted “46303, 47107(b) (including any assurance made under such section)” for “or 46303”.
Enacted provision · exact public law section
(A) in paragraph (1) by striking “or 46303” and inserting “46303, 47107(b) (including any assurance made under such section)”; and
1994
Pub. L. 103–305 § 207(c)(2) · 108 Stat. 1569
Inserted · 49 U.S.C. § 46301(a)(4)
Pub. L. 103–305, § 207(c)(2), inserted “(other than a violation of section 41715)” after “the violation” in two places
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 103–305, § 207(c)(2), inserted “(other than a violation of section 41715)” after “the violation” in two places.
Enacted provision · exact public law section
SEC. 207. AIR SERVICE TERMINATION NOTICE. (a) In General.— Subchapter I of chapter 417 of subtitle VII is further amended by adding at the end the following new section:
1994
Pub. L. 103–305 § 112(c)(1)(B) · 108 Stat. 1569
Added · 49 U.S.C. § 46301(a)(5)
Pub. L. 103–305, § 112(c)(1)(B), added par. (5)
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 103–305, § 112(c)(1)(B), added par. (5).
Enacted provision · exact public law section
(B) by adding at the end the following: “(5) In the case of a violation of section 47107(b) of this title, the maximum civil penalty for a continuing violation shall not exceed $50,000.”.
1994
Pub. L. 103–305 § 207(c)(3) · 108 Stat. 1569
Added · 49 U.S.C. § 46301(a)(6)
Pub. L. 103–305, § 207(c)(3), added par. (6)
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 103–305, § 207(c)(3), added par. (6).
Enacted provision · exact public law section
SEC. 207. AIR SERVICE TERMINATION NOTICE. (a) In General.— Subchapter I of chapter 417 of subtitle VII is further amended by adding at the end the following new section:
1994
Pub. L. 103–305 § 112(c)(2) · 108 Stat. 1569
Substituted · 49 U.S.C. § 46301(d)(2)
Pub. L. 103–305, § 112(c)(2), substituted “46303, or 47107(b) (as further defined by the Secretary under section 47107(l) and including any assurance made under section 47107(b))” for “or 46303”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–305, § 112(c)(2), substituted “46303, or 47107(b) (as further defined by the Secretary under section 47107(l) and including any assurance made under section 47107(b))” for “or 46303”.
Enacted provision · exact public law section
(c) Civil Penalties.— (1) General penalty.— Section 46301(a) is amended— (A) in paragraph (1) by striking “or 46303” and inserting “46303, 47107(b) (including any assurance made under such section)”; and (B) by adding at the end the following: “(5) In the case of a violation of section 47107(b) of this title, the maximum civil penalty for a continuing violation shall not exceed $50,000.”.
1994
Pub. L. 103–305 § 112(c)(3) · 108 Stat. 1569
Added · 49 U.S.C. § 46301(d)(7)(D)
Pub. L. 103–305, § 112(c)(3), added subpar. (D)
Source evidence
Code amendment note
Subsec. (d)(7)(D). Pub. L. 103–305, § 112(c)(3), added subpar. (D).
Enacted provision · exact public law section
(c) Civil Penalties.— (1) General penalty.— Section 46301(a) is amended— (A) in paragraph (1) by striking “or 46303” and inserting “46303, 47107(b) (including any assurance made under such section)”; and (B) by adding at the end the following: “(5) In the case of a violation of section 47107(b) of this title, the maximum civil penalty for a continuing violation shall not exceed $50,000.”.
1994
Pub. L. 103–429 § 6(60)(A) · 108 Stat. 4377
1. Substituted · 49 U.S.C. § 46301(a)(1)(A)
  Pub. L. 103–429, § 6(60)(A), substituted “any of sections 41301–41306” for “section 41301–41306”
2. Substituted · 49 U.S.C. § 46301(a)(1)(A)
  Pub. L. 103–429, § 6(60)(A), substituted “any of sections 44701(a)” for “section 44701(a)”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 103–429, § 6(60)(A), substituted “any of sections 41301–41306” for “section 41301–41306” and “any of sections 44701(a)” for “section 44701(a)”.
Enacted provision · exact public law section
(A) in subsection (a)(1)(A), strike “section 41301–41306” and “section 44701(a)” and substitute “any of sections 41301–41306” and “any of sections 44701(a)”, respectively;
1994
Pub. L. 103–429 § 6(60)(B) · 108 Stat. 4377
Substituted · 49 U.S.C. § 46301(a)(2)(A)
Pub. L. 103–429, § 6(60)(B), substituted “any of sections 44701(a)” for “section 44701(a)”
Source evidence
Code amendment note
Subsec. (a)(2)(A). Pub. L. 103–429, § 6(60)(B), substituted “any of sections 44701(a)” for “section 44701(a)”.
Enacted provision · exact public law section
(B) in subsections (a)(2)(A), (d)(2), and (f)(l)(A)(i), strike “section 44701(a)” and substitute “any of sections 44701(a)”; and
1994
Pub. L. 103–429 § 6(60)(C) · 108 Stat. 4377
Substituted · 49 U.S.C. § 46301(c)(1)(A)
Pub. L. 103–429, § 6(60)(C), substituted “any of sections 41301–41306” for “section 41301–41306”
Source evidence
Code amendment note
Subsec. (c)(1)(A). Pub. L. 103–429, § 6(60)(C), substituted “any of sections 41301–41306” for “section 41301–41306”.
Enacted provision · exact public law section
(C) in subsection (c)(1)(A), strike “section 41301–41306” and substitute “any of sections 41301–41306”.
1994
Pub. L. 103–429 § 6(60)(B) · 108 Stat. 4377
Substituted · 49 U.S.C. § 46301(d)(2)
Pub. L. 103–429, § 6(60)(B), substituted “any of sections 44701(a)” for “section 44701(a)”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 103–429, § 6(60)(B), substituted “any of sections 44701(a)” for “section 44701(a)”.
Enacted provision · exact public law section
(B) in subsections (a)(2)(A), (d)(2), and (f)(l)(A)(i), strike “section 44701(a)” and substitute “any of sections 44701(a)”; and
1994
Pub. L. 103–429 § 6(60)(B) · 108 Stat. 4377
Substituted · 49 U.S.C. § 46301(f)(1)(A)(i)
Pub. L. 103–429, § 6(60)(B), substituted “any of sections 44701(a)” for “section 44701(a)”
Source evidence
Code amendment note
Subsec. (f)(1)(A)(i). Pub. L. 103–429, § 6(60)(B), substituted “any of sections 44701(a)” for “section 44701(a)”.
Enacted provision · exact public law section
(B) in subsections (a)(2)(A), (d)(2), and (f)(l)(A)(i), strike “section 44701(a)” and substitute “any of sections 44701(a)”; and
1996
Pub. L. 104–264 § 1220(b) · 110 Stat. 3213
Repealed · 49 U.S.C. § 46301(a)(1)(A)
Pub. L. 104–264, § 1220(b), which directed amendment of subpar. (A) by inserting “44718(d),” after “44716,”, was repealed by Pub. L. 105–102
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–264, § 1220(b), which directed amendment of subpar. (A) by inserting “44718(d),” after “44716,”, was repealed by Pub. L. 105–102.
Enacted provision · exact public law section
(b) Civil Penalties.— Section 46301 is amended by inserting “44718(d),” after “44716,” in each of subsections (a)(1)(A), (d)(2), and (f)(1)(A)(i).
1996
Pub. L. 104–264 § 502(c)(1) · 110 Stat. 3213
Repealed · 49 U.S.C. § 46301(a)(1)(A)
Pub. L. 104–264, § 502(c)(1), which directed amendment of subpar. (A) by inserting “44724,” after “44718(d),”, was repealed by Pub. L. 105–102
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–264, § 502(c)(1), which directed amendment of subpar. (A) by inserting “44724,” after “44718(d),”, was repealed by Pub. L. 105–102.
Enacted provision · exact public law section
(1) in each of subsections (a)(1)(A), (d)(2), and (f)(1)(A)(i) by inserting “44724,” after “44718(d),”; and
1996
Pub. L. 104–264 § 502(c)(2) · 110 Stat. 3213
Repealed · 49 U.S.C. § 46301(a)(2)(A)
Pub. L. 104–264, § 502(c)(2), which directed amendment of subpar. (A) by inserting “44724,” after “44716,”, was repealed by Pub. L. 105–102
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–264, § 502(c)(2), which directed amendment of subpar. (A) by inserting “44724,” after “44716,”, was repealed by Pub. L. 105–102.
Enacted provision · exact public law section
(2) in subsection (a)(2)(A) by inserting “44724,” after “44716,”.
1996
Airport Revenue Protection Act of 1996
Pub. L. 104–264 § 804(b) · 110 Stat. 3213
Amended · 49 U.S.C. § 46301(a)(5)
Pub. L. 104–264, § 804(b), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “In the case of a violation of section 47107(b) of this title, the maximum civil penalty for a continuing violation shall not exceed $50,000.”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 104–264, § 804(b), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “In the case of a violation of section 47107(b) of this title, the maximum civil penalty for a continuing violation shall not exceed $50,000.”
Enacted provision · exact public law section
(b) Penalties.— Section 46301(a)(5) is amended to read as follows: “(5) 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.”.
1996
Pub. L. 104–264 § 1220(b) · 110 Stat. 3213
Repealed · 49 U.S.C. § 46301(d)(2)
Pub. L. 104–264, § 1220(b), which directed amendment of par. (2) by inserting “44718(d),” after “44716,”, was repealed by Pub. L. 105–102
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–264, § 1220(b), which directed amendment of par. (2) by inserting “44718(d),” after “44716,”, was repealed by Pub. L. 105–102.
Enacted provision · exact public law section
(b) Civil Penalties.— Section 46301 is amended by inserting “44718(d),” after “44716,” in each of subsections (a)(1)(A), (d)(2), and (f)(1)(A)(i).
1996
Pub. L. 104–264 § 502(c)(1) · 110 Stat. 3213
Repealed · 49 U.S.C. § 46301(d)(2)
Pub. L. 104–264, § 502(c)(1), which directed amendment of par. (2) by inserting “44724,” after “44718(d),”, was repealed by Pub. L. 105–102
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–264, § 502(c)(1), which directed amendment of par. (2) by inserting “44724,” after “44718(d),”, was repealed by Pub. L. 105–102.
Enacted provision · exact public law section
(1) in each of subsections (a)(1)(A), (d)(2), and (f)(1)(A)(i) by inserting “44724,” after “44718(d),”; and
1996
Pub. L. 104–264 § 1220(b) · 110 Stat. 3213
Repealed · 49 U.S.C. § 46301(f)(1)(A)(i)
Pub. L. 104–264, § 1220(b), which directed amendment of cl. (i) by inserting “44718(d),” after “44716,”, was repealed by Pub. L. 105–102
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–264, § 1220(b), which directed amendment of cl. (i) by inserting “44718(d),” after “44716,”, was repealed by Pub. L. 105–102.
Enacted provision · exact public law section
(b) Civil Penalties.— Section 46301 is amended by inserting “44718(d),” after “44716,” in each of subsections (a)(1)(A), (d)(2), and (f)(1)(A)(i).
1996
Pub. L. 104–264 § 502(c)(1) · 110 Stat. 3213
Repealed · 49 U.S.C. § 46301(f)(1)(A)(i)
Pub. L. 104–264, § 502(c)(1), which directed amendment of cl. (i) by inserting “44724,” after “44718(d),”, was repealed by Pub. L. 105–102
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–264, § 502(c)(1), which directed amendment of cl. (i) by inserting “44724,” after “44718(d),”, was repealed by Pub. L. 105–102.
Enacted provision · exact public law section
(1) in each of subsections (a)(1)(A), (d)(2), and (f)(1)(A)(i) by inserting “44724,” after “44718(d),”; and
1996
Pub. L. 104–287 § 5(77)(A)(iii) · 110 Stat. 3388
1. Inserted · 49 U.S.C. § 46301(a)(1)(A)
  Pub. L. 104–287, § 5(77)(A)(iii), (iv), inserted “or” after “46303,”
2. Struck · 49 U.S.C. § 46301(a)(1)(A)
  Pub. L. 104–287, § 5(77)(A)(iii), (iv), struck out “, or 41715” after “under such section)”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 104–287, § 5(77)(A)(iii), (iv), inserted “or” after “46303,” and struck out “, or 41715” after “under such section)”.
Enacted provision · exact public law section
(iii) insert “or” after “46303”; and
1996
Pub. L. 104–287 § 5(77)(A)(ii) · 110 Stat. 3388
Substituted · 49 U.S.C. § 46301(a)(1)(A)
Pub. L. 104–287, § 5(77)(A)(ii), substituted “section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), and 44908), or section” for “or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44909(a), 44912–44915, 44932–44938,”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–287, § 5(77)(A)(ii), substituted “section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), and 44908), or section” for “or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44909(a), 44912–44915, 44932–44938,”.
Enacted provision · exact public law section
(ii) strike “or any of sections 44701(a) or (b), 44702-44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44909(a), 44912-44915, 44932-44938, ” and substitute “section 44502(b) or (c), chapter 447 (except sections 44717 and 44719-44723), chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)- (d)(1)(A) and (d)(l)(C)-(f), and 44908), or section”;
1996
Pub. L. 104–287 § 5(77)(A)(i) · 110 Stat. 3388
Substituted · 49 U.S.C. § 46301(a)(1)(A)
Pub. L. 104–287, § 5(77)(A)(i), substituted “chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714),” for “any of sections 41301–41306, 41308–41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, or 41731–41742,”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–287, § 5(77)(A)(i), substituted “chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714),” for “any of sections 41301–41306, 41308–41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, or 41731–41742,”.
Enacted provision · exact public law section
(i) strike “any of sections 41301-41306, 41308- 41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705-41709, 41711, 41712, or 41731-41742, ” and substitute “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),”;
1996
Pub. L. 104–287 § 5(77)(B) · 110 Stat. 3388
Substituted · 49 U.S.C. § 46301(a)(2)(A)
Pub. L. 104–287, § 5(77)(B), substituted “, section 44502(b) or (c), chapter 447 (except sections 44717–44723), or chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909)” for “or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44912–44915, or 44932–44938”
Source evidence
Code amendment note
Subsec. (a)(2)(A). Pub. L. 104–287, § 5(77)(B), substituted “, section 44502(b) or (c), chapter 447 (except sections 44717–44723), or chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909)” for “or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44912–44915, or 44932–44938”.
Enacted provision · exact public law section
(B) In subsection (a)(2)(A), strike “or any of sections 44701(a) or (b), 44702-44716, 44901, 44903(b) or (c), 44905, 44906, 44912-44915, or 44932-44938” and substitute “, section 44502 (b) or (c), chapter 447 (except sections 44717-44723), or chapter 449 (except sections 44902, 44903(d), 44904, and 44907-44909)”.
1996
Pub. L. 104–287 § 5(77)(C) · 110 Stat. 3388
Changed · 49 U.S.C. § 46301(a)(3)
Pub. L. 104–287, § 5(77)(C), realigned margins of subpars. (A) and (B)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 104–287, § 5(77)(C), realigned margins of subpars. (A) and (B).
Enacted provision · exact public law section
(C) Adjust the margins of clauses (A) and (B) of subsection (a)(3) to be the same as clauses (A) and (B) of subsection (a)(2).
1996
Pub. L. 104–287 § 5(77)(D)(ii) · 110 Stat. 3388
Struck and inserted · 49 U.S.C. § 46301(c)(1)(A)
Pub. L. 104–287, § 5(77)(D)(ii), (iii), struck out “or” before “subchapter II” and inserted “, or section 44909” before “of this title”
Source evidence
Code amendment note
Subsec. (c)(1)(A). Pub. L. 104–287, § 5(77)(D)(ii), (iii), struck out “or” before “subchapter II” and inserted “, or section 44909” before “of this title”.
Enacted provision · exact public law section
(ii) strike “or” before “subchapter II”; and
1996
Pub. L. 104–287 § 5(77)(D)(i) · 110 Stat. 3388
Substituted · 49 U.S.C. § 46301(c)(1)(A)
Pub. L. 104–287, § 5(77)(D)(i), substituted “chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714),” for “any of sections 41301–41306, 41308–41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, or 41731–41742,”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–287, § 5(77)(D)(i), substituted “chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714),” for “any of sections 41301–41306, 41308–41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, or 41731–41742,”.
Enacted provision · exact public law section
(i) strike “any of sections 41301–41306, 41308– 41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, or 41731–41742, ” and substitute “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),”;
1996
Pub. L. 104–287 § 5(77)(E) · 110 Stat. 3388
Substituted · 49 U.S.C. § 46301(d)(2)
Pub. L. 104–287, § 5(77)(E), substituted “section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909), or section” for “or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912–44915, 44932–44938,”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 104–287, § 5(77)(E), substituted “section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909), or section” for “or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912–44915, 44932–44938,”.
Enacted provision · exact public law section
(E) In subsection (d)(2), strike “or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912–44915, 44932–44938,” and substitute “section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(l)(A) and (d)(1)(C)–(f), 44908, and 44909), or section”.
1996
Pub. L. 104–287 § 5(77)(F) · 110 Stat. 3388
Substituted · 49 U.S.C. § 46301(f)(1)(A)(i)
Pub. L. 104–287, § 5(77)(F), substituted “section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), or chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909)” for “or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912–44915, or 44932–44938”
Source evidence
Code amendment note
Subsec. (f)(1)(A)(i). Pub. L. 104–287, § 5(77)(F), substituted “section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), or chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909)” for “or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912–44915, or 44932–44938”.
Enacted provision · exact public law section
(F) In subsection (f)(l)(A)(i), strike “or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912–44915, or 44932–44938” and substitute “section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), or chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)(d)(l)(A) and (d)(l)(C)–(f), 44908, and 44909)”.
1997
Pub. L. 105–102 § 3(c)(4) · 111 Stat. 2204
Repealed · 49 U.S.C. § 46301(a)(1)(A); 49 U.S.C. § 46301(a)(2)(A); 49 U.S.C. § 46301(a)(d)(2); 49 U.S.C. § 46301(f)(1)(A)(i)
Pub. L. 105–102 repealed Pub. L. 104–264, §§ 502(c), 1220(b). See 1996 Amendment notes below
Source evidence
Code amendment note
Subsecs. (a)(1)(A), (2)(A), (d)(2), (f)(1)(A)(i). Pub. L. 105–102 repealed Pub. L. 104–264, §§ 502(c), 1220(b). See 1996 Amendment notes below.
Enacted provision · exact public law section
(4) Sections 502(c) and 1220(b) are repealed. 49 USC 46301. 49 USC 40124 note.
2000
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
Pub. L. 106–181 title II § 222 · 114 Stat. 61
1. Substituted · 49 U.S.C. § 46301(a)(1)(A)
  Pub. L. 106–181, §§ 519(c), 720(1), substituted “subchapter II or III of chapter 421” for “subchapter II of chapter 421”
2. Struck · 49 U.S.C. § 46301(a)(1)(A)
  Pub. L. 106–181, §§ 519(c), 720(1), struck out “46302, 46303, or” before “47107(b) (including”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 106–181, §§ 519(c), 720(1), substituted “subchapter II or III of chapter 421” for “subchapter II of chapter 421” and struck out “46302, 46303, or” before “47107(b) (including”.
Enacted provision · exact public law section
SEC. 222. INCREASED PENALTY FOR VIOLATION OF AVIATION CONSUMER PROTECTION LAWS. (a) In general.— Section 46301(a) is amended by adding at the end the following: “(7) Consumer protection.— Notwithstanding paragraphs (1) and (4), the maximum civil penalty for violating section 40127 or 41712 (including a regulation prescribed or order issued under such section) or any other regulation prescribed by the Secretary that is intended to afford consumer protection to commercial air transportation passengers, shall be $2,500 for each violation.”. (b) Technical Amendment.— Paragraph (6) of section 46301(a) is amended— (1) by inserting “Air service termination notice.—” before “Notwithstanding”; and (2) by aligning the left margin of such paragraph with paragraph (5) of such section.
2000
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
Pub. L. 106–181 § 503(c) · 114 Stat. 61
Added · 49 U.S.C. § 46301(a)(3)(C)
Pub. L. 106–181, § 503(c), added subpar. (C)
Source evidence
Code amendment note
Subsec. (a)(3)(C). Pub. L. 106–181, § 503(c), added subpar. (C).
Enacted provision · exact public law section
(c) Civil Penalty for Violations of Limitation on Construction of Landfills.— Section 46301(a)(3) is ammended— (1) in subparagraph (A) by striking “or” at the end; (2) in subparagraph (B) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: “(C) a violation of section 44718(d), relating to the limitation on construction or establishment of landfills;”.
2000
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
Pub. L. 106–181 title II § 222 · 114 Stat. 61
Added · 49 U.S.C. § 46301(a)(3)(D); 49 U.S.C. § 46301(a)(3)(E)
Pub. L. 106–181, §§ 504(b), 707(b), added subpars. (D) and (E)
Source evidence
Code amendment note
Subsec. (a)(3)(D), (E). Pub. L. 106–181, §§ 504(b), 707(b), added subpars. (D) and (E).
Enacted provision · exact public law section
SEC. 222. INCREASED PENALTY FOR VIOLATION OF AVIATION CONSUMER PROTECTION LAWS. (a) In general.— Section 46301(a) is amended by adding at the end the following: “(7) Consumer protection.— Notwithstanding paragraphs (1) and (4), the maximum civil penalty for violating section 40127 or 41712 (including a regulation prescribed or order issued under such section) or any other regulation prescribed by the Secretary that is intended to afford consumer protection to commercial air transportation passengers, shall be $2,500 for each violation.”. (b) Technical Amendment.— Paragraph (6) of section 46301(a) is amended— (1) by inserting “Air service termination notice.—” before “Notwithstanding”; and (2) by aligning the left margin of such paragraph with paragraph (5) of such section.
2000
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
Pub. L. 106–181 § 222(b) · 114 Stat. 61
Inserted · 49 U.S.C. § 46301(a)(6)
Pub. L. 106–181, § 222(b), inserted heading and realigned margins
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 106–181, § 222(b), inserted heading and realigned margins.
Enacted provision · exact public law section
(b) Technical Amendment.— Paragraph (6) of section 46301(a) is amended— (1) by inserting “Air service termination notice.—” before “Notwithstanding”; and (2) by aligning the left margin of such paragraph with paragraph (5) of such section.
2000
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
Pub. L. 106–181 § 222(a) · 114 Stat. 61
Added · 49 U.S.C. § 46301(a)(7)
Pub. L. 106–181, § 222(a), added par. (7)
Source evidence
Code amendment note
Subsec. (a)(7). Pub. L. 106–181, § 222(a), added par. (7).
Enacted provision · exact public law section
(a) In general.— Section 46301(a) is amended by adding at the end the following: “(7) Consumer protection.— Notwithstanding paragraphs (1) and (4), the maximum civil penalty for violating section 40127 or 41712 (including a regulation prescribed or order issued under such section) or any other regulation prescribed by the Secretary that is intended to afford consumer protection to commercial air transportation passengers, shall be $2,500 for each violation.”.
2000
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
Pub. L. 106–181 § 720(2) · 114 Stat. 61
Substituted · 49 U.S.C. § 46301(d)(7)(A)
Pub. L. 106–181, § 720(2), substituted “a penalty on a person” for “a penalty on an individual”
Source evidence
Code amendment note
Subsec. (d)(7)(A). Pub. L. 106–181, § 720(2), substituted “a penalty on a person” for “a penalty on an individual”.
Enacted provision · exact public law section
(2) in subsection (d)(7)(A) by striking “an individual” the first place it appears and inserting “a person”; and
2000
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
Pub. L. 106–181 § 720(3) · 114 Stat. 61
Inserted · 49 U.S.C. § 46301(g)
Pub. L. 106–181, § 720(3), inserted “or the Administrator” after “Secretary”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 106–181, § 720(3), inserted “or the Administrator” after “Secretary”.
Enacted provision · exact public law section
(3) in subsection (g) by inserting “or the Administrator” after “Secretary”.
2000
National Transportation Safety Board Amendments Act of 2000
Pub. L. 106–424 § 15 · 114 Stat. 1883
Substituted · 49 U.S.C. § 46301(d)(2)
Pub. L. 106–424 substituted “46301(b), 46302, 46303, 46318,” for “46302, 46303,”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 106–424 substituted “46301(b), 46302, 46303, 46318,” for “46302, 46303,”.
Enacted provision · exact public law section
SEC. 15. TECHNICAL CORRECTION. Section 46301(d)(2) of title 49, United States Code, is amended by striking “46302, 46303,” and inserting “46301(b), 46302, 46303, 46318,”.
2001
Aviation and Transportation Security Act
Pub. L. 107–71 § 140(d)(1)(C) · 115 Stat. 597
Inserted · 49 U.S.C. § 46301(d)(2)
Pub. L. 107–71, § 140(d)(1)(C), inserted “Under Secretary or” before “Administrator shall”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 107–71, § 140(d)(1)(C), inserted “Under Secretary or” before “Administrator shall”.
Enacted provision · exact public law section
(C) by inserting “Under Secretary or” before “Administrator shall”;
2001
Aviation and Transportation Security Act
Pub. L. 107–71 § 140(d)(1)(B) · 115 Stat. 597
Inserted · 49 U.S.C. § 46301(d)(2)
Pub. L. 107–71, § 140(d)(1)(B), inserted after first sentence “The Under Secretary of Transportation for Security may impose a civil penalty for a violation of chapter 449 (except sections 44902, 44903(d), 44907(a)–(d)(1)(A), 44907(d)(1)(C)–(f), 44908, and 44909) or a regulation prescribed or order issued under such chapter 449.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 107–71, § 140(d)(1)(B), inserted after first sentence “The Under Secretary of Transportation for Security may impose a civil penalty for a violation of chapter 449 (except sections 44902, 44903(d), 44907(a)–(d)(1)(A), 44907(d)(1)(C)–(f), 44908, and 44909) or a regulation prescribed or order issued under such chapter 449.”
Enacted provision · exact public law section
(B) by inserting after the first sentence the following: “The Under Secretary of Transportation for Security may impose a civil penalty for a violation of chapter 449 (except sections 44902, 44903(d), 44907(a)–(d)(l)(A), 44907(d)(1)(C)–(f), 44908, and 44909) or a regulation prescribed or order issued under such chapter 449.”; and
2001
Aviation and Transportation Security Act
Pub. L. 107–71 § 140(d)(1)(A) · 115 Stat. 597
Struck · 49 U.S.C. § 46301(d)(2)
Pub. L. 107–71, § 140(d)(1)(A), which directed amendment of subsec. (d)(2) by striking out “, chapter 449 (except sections 44902, 44903(d), 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909),”, was executed by striking out “, chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909),” before “or section 46301(b)”, to reflect the probable intent of Congress
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 107–71, § 140(d)(1)(A), which directed amendment of subsec. (d)(2) by striking out “, chapter 449 (except sections 44902, 44903(d), 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909),”, was executed by striking out “, chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909),” before “or section 46301(b)”, to reflect the probable intent of Congress.
Enacted provision · exact public law section
(A) by striking “, chapter 449 (except sections 44902, 44903(d), 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909),”;
2001
Aviation and Transportation Security Act
Pub. L. 107–71 § 140(d)(2) · 115 Stat. 597
Substituted · 49 U.S.C. § 46301(d)(3); 49 U.S.C. § 46301(d)(4)
Pub. L. 107–71, § 140(d)(2), substituted “Under Secretary or Administrator” for “Administrator”
Source evidence
Code amendment note
Subsec. (d)(3), (4). Pub. L. 107–71, § 140(d)(2), substituted “Under Secretary or Administrator” for “Administrator”.
Enacted provision · exact public law section
(2) in each of paragraphs (3) and (4) of section 46301(d) by striking “Administrator” each place it appears and inserting “Under Secretary or Administrator”;
2001
Aviation and Transportation Security Act
Pub. L. 107–71 § 140(d)(3) · 115 Stat. 597
Substituted · 49 U.S.C. § 46301(d)(8)
Pub. L. 107–71, § 140(d)(3), substituted “Under Secretary, Administrator,” for “Administrator”
Source evidence
Code amendment note
Subsec. (d)(8). Pub. L. 107–71, § 140(d)(3), substituted “Under Secretary, Administrator,” for “Administrator”.
Enacted provision · exact public law section
(3) in section 46301(d)(8) by striking “Administrator” and inserting “Under Secretary, Administrator,”;
2001
Aviation and Transportation Security Act
Pub. L. 107–71 § 140(d)(4) · 115 Stat. 597
Inserted · 49 U.S.C. § 46301(h)(2)
Pub. L. 107–71, § 140(d)(4), inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” after “(or”
Source evidence
Code amendment note
Subsec. (h)(2). Pub. L. 107–71, § 140(d)(4), inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” after “(or”.
Enacted provision · exact public law section
(4) in section 46301(h)(2) by inserting after “(or” the following: “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or”;
2002
Homeland Security Act of 2002
Pub. L. 107–296 title XVI § 1602 · 116 Stat. 2135
Added · 49 U.S.C. § 46301(a)(8)
Pub. L. 107–296 added par. (8)
Source evidence
Code amendment note
Subsec. (a)(8). Pub. L. 107–296 added par. (8).
Enacted provision · exact public law section
SEC. 1602. INCREASE IN CIVIL PENALTIES. Section 46301(a) of title 49, United States Code, is amended by adding at the end the following: “(8) Aviation security violations.— Notwithstanding paragraphs (1) and (2) of this subsection, the maximum civil penalty for violating chapter 449 or another requirement under this title administered by the Under Secretary of Transportation for Security shall be $10,000; except that the maximum civil penalty shall be $25,000 in the case of a person operating an aircraft for the transportation of passengers or property for compensation (except an individual serving as an airman).”.
2003
Pub. L. 108–176 § 503(a)(1) · 117 Stat. 2490
Substituted · 49 U.S.C. § 46301(a)(1)
Pub. L. 108–176, § 503(a)(1), substituted “$25,000 (or $1,100 if the person is an individual or small business concern)” for “$1,000” in introductory provisions
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 108–176, § 503(a)(1), substituted “$25,000 (or $1,100 if the person is an individual or small business concern)” for “$1,000” in introductory provisions.
Enacted provision · exact public law section
(1) by striking “$1,000” in paragraph (1) and inserting “$25,000 (or $1,100 if the person is an individual or small business concern)”;
2003
Pub. L. 108–176 § 503(a)(2) · 117 Stat. 2490
1. Struck · 49 U.S.C. § 46301(a)(1)(A)
  Pub. L. 108–176, § 503(a)(2), (3), struck out “or” before “section 47107(b)”
2. Substituted · 49 U.S.C. § 46301(a)(1)(A)
  Pub. L. 108–176, § 503(a)(2), (3), substituted “section), or section 47133” for “section)”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 108–176, § 503(a)(2), (3), struck out “or” before “section 47107(b)” and substituted “section), or section 47133” for “section)”.
Enacted provision · exact public law section
(2) by striking “or” the last place it appears in paragraph (1)(A);
2003
Pub. L. 108–176 § 503(a)(5) · 117 Stat. 2490
Substituted · 49 U.S.C. § 46301(a)(2)
Pub. L. 108–176, § 503(a)(5), substituted “section 41719” for “section 41715” in two places
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 108–176, § 503(a)(5), substituted “section 41719” for “section 41715” in two places.
Enacted provision · exact public law section
(5) by striking “41715” each place it appears in paragraph (2), as redesignated, and inserting “41719”;
2003
Pub. L. 108–176 § 503(a)(4) · 117 Stat. 2490
1. Redesignated · 49 U.S.C. § 46301(a)(2)
  Pub. L. 108–176, § 503(a)(4), redesignated par. (4) as (2)
2. Struck · 49 U.S.C. § 46301(a)(2)
  Pub. L. 108–176, § 503(a)(4), struck out former par. (2) which read as follows: “A person operating an aircraft for the transportation of passengers or property for compensation (except an airman serving as an airman) is liable to the Government for a civil penalty of not more than $10,000 for violating—
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 108–176, § 503(a)(4), redesignated par. (4) as (2) and struck out former par. (2) which read as follows: “A person operating an aircraft for the transportation of passengers or property for compensation (except an airman serving as an airman) is liable to the Government for a civil penalty of not more than $10,000 for violating—
“(A) chapter 401 (except sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117), section 44502(b) or (c), chapter 447 (except sections 44717–44723), or chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909) of this title; or “(B) a regulation prescribed or order issued under any provision to which clause (A) of this paragraph applies.”
Enacted provision · exact public law section
(4) by striking paragraphs (2), (3), (6), and (7) and redesignating paragraphs (4), (5), and (8) as paragraphs (2), (3), and (4), respectively;
2003
Pub. L. 108–176 § 503(a)(4) · 117 Stat. 2490
1. Redesignated · 49 U.S.C. § 46301(a)(3)
  Pub. L. 108–176, § 503(a)(4), redesignated par. (5) as (3)
2. Struck · 49 U.S.C. § 46301(a)(3)
  Pub. L. 108–176, § 503(a)(4), struck out former par. (3) which read as follows: “A civil penalty of not more than $10,000 may be imposed for each violation under paragraph (1) of this subsection related to
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 108–176, § 503(a)(4), redesignated par. (5) as (3) and struck out former par. (3) which read as follows: “A civil penalty of not more than $10,000 may be imposed for each violation under paragraph (1) of this subsection related to
“(A) the transportation of hazardous material; “(B) the registration or recordation under chapter 441 of this title of an aircraft not used to provide air transportation; “(C) a violation of section 44718(d), relating to the limitation on construction or establishment of landfills; “(D) a violation of section 44725, relating to the safe disposal of life-limited aircraft parts; or “(E) a violation of section 41705, relating to discrimination against handicapped individuals.”
Enacted provision · exact public law section
(4) by striking paragraphs (2), (3), (6), and (7) and redesignating paragraphs (4), (5), and (8) as paragraphs (2), (3), and (4), respectively;
2003
Pub. L. 108–176 § 503(a)(6) · 117 Stat. 2490
Substituted · 49 U.S.C. § 46301(a)(4)
Pub. L. 108–176, § 503(a)(6), substituted “paragraph (1)” for “paragraphs (1) and (2)”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 108–176, § 503(a)(6), substituted “paragraph (1)” for “paragraphs (1) and (2)”.
Enacted provision · exact public law section
(6) by striking “paragraphs (1) and (2)” in paragraph (4), as redesignated, and inserting “paragraph (1)”; and
2003
Pub. L. 108–176 § 503(a)(4) · 117 Stat. 2490
Redesignated · 49 U.S.C. § 46301(a)(4)
Pub. L. 108–176, § 503(a)(4), redesignated par. (8) as (4). Former par. (4) redesignated (2)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 108–176, § 503(a)(4), redesignated par. (8) as (4). Former par. (4) redesignated (2).
Enacted provision · exact public law section
(4) by striking paragraphs (2), (3), (6), and (7) and redesignating paragraphs (4), (5), and (8) as paragraphs (2), (3), and (4), respectively;
2003
Pub. L. 108–176 § 503(a)(7) · 117 Stat. 2490
Redesignated · 49 U.S.C. § 46301(a)(5)
Pub. L. 108–176, § 503(a)(7), added par. (5). Former par. (5) redesignated (3)
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 108–176, § 503(a)(7), added par. (5). Former par. (5) redesignated (3).
Enacted provision · exact public law section
(7) by adding at the end the following: “(5) Penalties applicable to individuals and small business concerns.— “(A) An individual (except an airman serving as an airman) or small business concern is liable to the Government for a civil penalty of not more than $10,000 for violating— “(i) chapter 401 (except sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117), section 44502 (b) or (c), chapter 447 (except sections 44717–44723), or chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909) of this title; or “(ii) a regulation prescribed or order issued under any provision to which clause (i) applies. “(B) A civil penalty of not more than $10,000 may be imposed for each violation under paragraph (1) committed by an individual or small business concern related to— “(i) the transportation of hazardous material; “(ii) the registration or recordation under chapter 441 of an aircraft not used to provide air transportation; “(iii) a violation of section 44718(d), relating to the limitation on construction or establishment of landfills; “(iv) a violation of section 44725, relating to the safe disposal of life-limited aircraft parts; or “(v) a violation of section 40127 or section 41705, relating to discrimination. “(C) Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 41719 committed by an individual or small business concern shall be $5,000 instead of $1,000. “(D) Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 41712 (including a regulation prescribed or order issued under such section) or any other regulation prescribed by the Secretary by an individual or small business concern that is intended to afford consumer protection to commercial air transportation passengers shall be $2,500 for each violation.” .
2003
Pub. L. 108–176 § 503(a)(4) · 117 Stat. 2490
Struck · 49 U.S.C. § 46301(a)(6)
Pub. L. 108–176, § 503(a)(4), struck out heading and text of par. (6). Text read as follows: “Notwithstanding paragraph (1), the maximum civil penalty for violating section 41715 shall be $5,000 instead of $1,000.”
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 108–176, § 503(a)(4), struck out heading and text of par. (6). Text read as follows: “Notwithstanding paragraph (1), the maximum civil penalty for violating section 41715 shall be $5,000 instead of $1,000.”
Enacted provision · exact public law section
(4) by striking paragraphs (2), (3), (6), and (7) and redesignating paragraphs (4), (5), and (8) as paragraphs (2), (3), and (4), respectively;
2003
Pub. L. 108–176 § 503(a)(4) · 117 Stat. 2490
Struck · 49 U.S.C. § 46301(a)(7)
Pub. L. 108–176, § 503(a)(4), struck out heading and text of par. (7). Text read as follows: “Notwithstanding paragraphs (1) and (4), the maximum civil penalty for violating section 40127 or 41712 (including a regulation prescribed or order issued under such section) or any other regulation prescribed by the Secretary that is intended to afford consumer protection to commercial air transportation passengers, shall be $2,500 for each violation.”
Source evidence
Code amendment note
Subsec. (a)(7). Pub. L. 108–176, § 503(a)(4), struck out heading and text of par. (7). Text read as follows: “Notwithstanding paragraphs (1) and (4), the maximum civil penalty for violating section 40127 or 41712 (including a regulation prescribed or order issued under such section) or any other regulation prescribed by the Secretary that is intended to afford consumer protection to commercial air transportation passengers, shall be $2,500 for each violation.”
Enacted provision · exact public law section
(4) by striking paragraphs (2), (3), (6), and (7) and redesignating paragraphs (4), (5), and (8) as paragraphs (2), (3), and (4), respectively;
2003
Pub. L. 108–176 § 503(a)(4) · 117 Stat. 2490
Redesignated · 49 U.S.C. § 46301(a)(8)
Pub. L. 108–176, § 503(a)(4), redesignated par. (8) as (4)
Source evidence
Code amendment note
Subsec. (a)(8). Pub. L. 108–176, § 503(a)(4), redesignated par. (8) as (4).
Enacted provision · exact public law section
(4) by striking paragraphs (2), (3), (6), and (7) and redesignating paragraphs (4), (5), and (8) as paragraphs (2), (3), and (4), respectively;
2003
Pub. L. 108–176 § 503(b)(1) · 117 Stat. 2490
1. Substituted · 49 U.S.C. § 46301(d)(4)(A)
  Pub. L. 108–176, § 503(b)(1), substituted “more than—” for “more than $50,000;”
2. Added · 49 U.S.C. § 46301(d)(4)(A)
  Pub. L. 108–176, § 503(b)(1), added cls. (i) to (iii)
Source evidence
Code amendment note
Subsec. (d)(4)(A). Pub. L. 108–176, § 503(b)(1), substituted “more than—” for “more than $50,000;” and added cls. (i) to (iii).
Enacted provision · exact public law section
(1) by striking “more than $50,000;” in paragraph (4)(A) and inserting “more than— “(i) $50,000 if the violation was committed by any person before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act; “(ii) $400,000 if the violation was committed by a person other than an individual or small business concern on or after that date; or “(iii) $50,000 if the violation was committed by an individual or small business concern on or after that date;” ; and
2003
Pub. L. 108–176 § 503(b)(2) · 117 Stat. 2490
1. Substituted · 49 U.S.C. § 46301(d)(8)
  Pub. L. 108–176, § 503(b)(2), substituted “is—” for “is $50,000.”
2. Added · 49 U.S.C. § 46301(d)(8)
  Pub. L. 108–176, § 503(b)(2), added subpars. (A) to (C)
Source evidence
Code amendment note
Subsec. (d)(8). Pub. L. 108–176, § 503(b)(2), substituted “is—” for “is $50,000.” and added subpars. (A) to (C).
Enacted provision · exact public law section
(2) by striking “is $50,000.” in paragraph (8) and inserting “is— “(A) $50,000 if the violation was committed by any person before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act; “(B) $400,000 if the violation was committed by a person other than an individual or small business concern on or after that date; or “(C) $50,000 if the violation was committed by an individual or small business concern on or after that date.” .
2003
Pub. L. 108–176 § 503(c) · 117 Stat. 2490
Added · 49 U.S.C. § 46301(i)
Pub. L. 108–176, § 503(c), added subsec. (i)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 108–176, § 503(c), added subsec. (i).
Enacted provision · exact public law section
(c) Small Business Concern Defined.— Section 46301 is amended by adding at the end the following: “(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).” .
2004
Intelligence Reform and Terrorism Prevention Act of 2004
Pub. L. 108–458 § 4027(a)(1) · 118 Stat. 3638
1. Substituted · 49 U.S.C. § 46301(d)(2)
  Pub. L. 108–458, § 4027(a)(1)–(3), substituted “46302 (for a violation relating to section 46504),” for “46302, 46303,”
2. Substituted · 49 U.S.C. § 46301(d)(2)
  Pub. L. 108–458, § 4027(a)(1)–(3), substituted “The Secretary of Homeland Security may” for “The Under Secretary of Transportation for Security may”
3. Substituted · 49 U.S.C. § 46301(d)(2)
  Pub. L. 108–458, § 4027(a)(1)–(3), substituted “44909), 46302 (except for a violation relating to section 46504), 46303,” for “44909)”
4. Substituted · 49 U.S.C. § 46301(d)(2)
  Pub. L. 108–458, § 4027(a)(1)–(3), substituted “The Secretary of Homeland Security or” for “The Under Secretary or”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 108–458, § 4027(a)(1)–(3), substituted “46302 (for a violation relating to section 46504),” for “46302, 46303,”, “The Secretary of Homeland Security may” for “The Under Secretary of Transportation for Security may”, “44909), 46302 (except for a violation relating to section 46504), 46303,” for “44909)”, and “The Secretary of Homeland Security or” for “The Under Secretary or”.
Enacted provision · exact public law section
(1) in the first sentence of paragraph (2) by striking “46302, 46303,” and inserting “46302 (for a violation relating to section 46504),”;
2004
Intelligence Reform and Terrorism Prevention Act of 2004
Pub. L. 108–458 § 4027(a)(3) · 118 Stat. 3638
Substituted · 49 U.S.C. § 46301(d)(3)
Pub. L. 108–458, § 4027(a)(3), substituted “Secretary of Homeland Security or” for “Under Secretary or”
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 108–458, § 4027(a)(3), substituted “Secretary of Homeland Security or” for “Under Secretary or”.
Enacted provision · exact public law section
(3) in paragraphs (2), (3), and (4) by striking “Under Secretary or” each place it occurs and inserting “Secretary of Homeland Security or”; and
2004
Intelligence Reform and Terrorism Prevention Act of 2004
Pub. L. 108–458 § 4027(a)(3) · 118 Stat. 3638
Substituted · 49 U.S.C. § 46301(d)(4)
Pub. L. 108–458, § 4027(a)(3), substituted “Secretary of Homeland Security or” for “Under Secretary or” in introductory provisions
Source evidence
Code amendment note
Subsec. (d)(4). Pub. L. 108–458, § 4027(a)(3), substituted “Secretary of Homeland Security or” for “Under Secretary or” in introductory provisions.
Enacted provision · exact public law section
(3) in paragraphs (2), (3), and (4) by striking “Under Secretary or” each place it occurs and inserting “Secretary of Homeland Security or”; and
2004
Intelligence Reform and Terrorism Prevention Act of 2004
Pub. L. 108–458 § 4027(a)(4) · 118 Stat. 3638
Changed · 49 U.S.C. § 46301(d)(4)(A)
Pub. L. 108–458, § 4027(a)(4), realigned margins
Source evidence
Code amendment note
Subsec. (d)(4)(A). Pub. L. 108–458, § 4027(a)(4), realigned margins.
Enacted provision · exact public law section
(4) in paragraph (4)(A) by moving clauses (i), (ii), and (iii) 2 ems to the left.
2007
Pub. L. 110–53 title XIII § 1302(b) · 121 Stat. 266
Struck · 49 U.S.C. § 46301(a)(4)
Pub. L. 110–53 struck out “or another requirement under this title administered by the Under Secretary of Transportation for Security” after “chapter 449”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 110–53 struck out “or another requirement under this title administered by the Under Secretary of Transportation for Security” after “chapter 449”.
Enacted provision · exact public law section
(b) Conforming Amendment.— Section 46301(a)(4) of title 49, United States Code, is amended by striking “or another requirement under this title administered by the Under Secretary of Transportation for Security”.
2007
Consolidated Appropriations Act, 2008
Pub. L. 110–161 div. E title V § 542 · 121 Stat. 1844
Added · 49 U.S.C. § 46301(a)(6)
Pub. L. 110–161 added par. (6)
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 110–161 added par. (6).
Enacted provision · exact public law section
Sec. 542. None of the funds in this Act may be used to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
2011
Department of Homeland Security Appropriations Act, 2012
Pub. L. 112–74 div. D title V § 564(a) · 125 Stat. 981
1. Substituted · 49 U.S.C. § 46301(a)(5)(A)(i)
  Pub. L. 112–74 substituted “chapter 449” for “or chapter 449”
2. Inserted · 49 U.S.C. § 46301(a)(5)(A)(i)
  Pub. L. 112–74 inserted “, or section 46314(a)” after “44909)”
Source evidence
Code amendment note
Subsec. (a)(5)(A)(i). Pub. L. 112–74 substituted “chapter 449” for “or chapter 449” and inserted “, or section 46314(a)” after “44909)”.
Enacted provision · exact public law section
(a) Civil Penalties for Circumventing Security Screening.— Section 46301(a)(5)(A)(i) of title 49, United States Code, is amended— (1) by striking “or chapter 449” and inserting “chapter 449”; and (2) by inserting “, or section 46314(a)” after “44909)”.
2012
FAA Modernization and Reform Act of 2012
Pub. L. 112–95 § 803(1) · 126 Stat. 11
Inserted · 49 U.S.C. § 46301(a)(1)(A)
Pub. L. 112–95, § 803(1), inserted “chapter 451,” before “section 47107(b)”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 112–95, § 803(1), inserted “chapter 451,” before “section 47107(b)”.
Enacted provision · exact public law section
(1) in subsection (a)(1)(A) by inserting “chapter 451,” before “section 47107(b)”;
2012
FAA Modernization and Reform Act of 2012
Pub. L. 112–95 § 415(b) · 126 Stat. 11
Inserted · 49 U.S.C. § 46301(a)(1)(A)
Pub. L. 112–95, § 415(b), inserted “chapter 423,” after “chapter 421,”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 112–95, § 415(b), inserted “chapter 423,” after “chapter 421,”.
Enacted provision · exact public law section
(b) Penalties.— Section 46301 is amended in subsections (a)(1)(A) and (c)(1)(A) by inserting “chapter 423,” after “chapter 421,”.
2012
FAA Modernization and Reform Act of 2012
Pub. L. 112–95 § 803(2)(B) · 126 Stat. 11
Inserted · 49 U.S.C. § 46301(a)(5)(A)(i)
Pub. L. 112–95, § 803(2)(B), inserted “, or chapter 451” after “44907–44909)”
Source evidence
Code amendment note
Subsec. (a)(5)(A)(i). Pub. L. 112–95, § 803(2)(B), inserted “, or chapter 451” after “44907–44909)”.
Enacted provision · exact public law section
(B) by inserting after “44909)” the following: “, or chapter 451”;
2012
FAA Modernization and Reform Act of 2012
Pub. L. 112–95 § 803(2)(A) · 126 Stat. 11
Substituted · 49 U.S.C. § 46301(a)(5)(A)(i)
Pub. L. 112–95, § 803(2)(A), which directed the substitution of “chapter 449” for “or chapter 449”, could not be executed because of the prior amendment by Pub. L. 112–74, § 564(a). See 2011 Amendment note below
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 112–95, § 803(2)(A), which directed the substitution of “chapter 449” for “or chapter 449”, could not be executed because of the prior amendment by Pub. L. 112–74, § 564(a). See 2011 Amendment note below.
Enacted provision · exact public law section
(A) by striking “or chapter 449” and inserting “chapter 449”; and
2012
FAA Modernization and Reform Act of 2012
Pub. L. 112–95 § 415(b) · 126 Stat. 11
Inserted · 49 U.S.C. § 46301(c)(1)(A)
Pub. L. 112–95, § 415(b), inserted “chapter 423,” after “chapter 421,”
Source evidence
Code amendment note
Subsec. (c)(1)(A). Pub. L. 112–95, § 415(b), inserted “chapter 423,” after “chapter 421,”.
Enacted provision · exact public law section
(b) Penalties.— Section 46301 is amended in subsections (a)(1)(A) and (c)(1)(A) by inserting “chapter 423,” after “chapter 421,”.
2012
FAA Modernization and Reform Act of 2012
Pub. L. 112–95 § 803(3) · 126 Stat. 11
1. Substituted · 49 U.S.C. § 46301(d)(2)
  Pub. L. 112–95, § 803(3), substituted “44723), chapter 451,” for “44723) or” in second sentence
2. Substituted · 49 U.S.C. § 46301(d)(2)
  Pub. L. 112–95, § 803(3), substituted “section 46302” for “46302” in second sentence
3. Substituted · 49 U.S.C. § 46301(d)(2)
  Pub. L. 112–95, § 803(3), substituted “section 46318, section 46319, or section 47107(b)” for “46318, or 47107(b)” in second sentence
4. Substituted · 49 U.S.C. § 46301(d)(2)
  Pub. L. 112–95, § 803(3), substituted “or section 46303 of this title” for “46303,” in second sentence
5. Substituted · 49 U.S.C. § 46301(d)(2)
  Pub. L. 112–95, § 803(3), substituted “any of those provisions” for “such chapter 449” in second sentence
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 112–95, § 803(3), substituted “44723), chapter 451,” for “44723) or”, “section 46302” for “46302”, “section 46318, section 46319, or section 47107(b)” for “46318, or 47107(b)” in first sentence , and “section 46302” for “46302”, “or section 46303 of this title” for “46303,”, and “any of those provisions” for “such chapter 449” in second sentence.
Enacted provision · exact public law section
(3) in subsection (d)(2)— (A) in the first sentence— (i) by striking “44723) or” and inserting the following: “44723), chapter 451,”; (ii) by striking “46302” and inserting “section 46302”; and (iii) by striking “46318, or 47107(b)” and inserting “section 46318, section 46319, or section 47107(b)”; and (B) in the second sentence— (i) by striking “46302” and inserting “section 46302”; (ii) by striking “46303,” and inserting “or section 46303 of this title”; and (iii) by striking “such chapter 449” and inserting “any of those provisions”; and
2012
FAA Modernization and Reform Act of 2012
Pub. L. 112–95 § 803(4) · 126 Stat. 11
1. Substituted · 49 U.S.C. § 46301(f)(1)(A)(i)
  Pub. L. 112–95, § 803(4), substituted “chapter 449” for “or chapter 449”
2. Inserted · 49 U.S.C. § 46301(f)(1)(A)(i)
  Pub. L. 112–95, § 803(4), inserted “, or chapter 451” after “44909)”
Source evidence
Code amendment note
Subsec. (f)(1)(A)(i). Pub. L. 112–95, § 803(4), substituted “chapter 449” for “or chapter 449” and inserted “, or chapter 451” after “44909)”.
Enacted provision · exact public law section
(4) in subsection (f)(1)(A)(i)— (A) by striking “or chapter 449” and inserting “chapter 449”; and (B) by inserting after “44909)” the following: “, or chapter 451”.
2014
Government Reports Elimination Act of 2014
Pub. L. 113–188 title XV § 1501(b)(2)(B) · 128 Stat. 2016
Substituted · 49 U.S.C. § 46301(d)(2)
Pub. L. 113–188 substituted “section 47107(k)” for “section 47107(l)”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 113–188 substituted “section 47107(k)” for “section 47107(l)”.
Enacted provision · exact public law section
(B) Section 46301(d)(2) of such title is amended by striking “section 47107(l)” and inserting “section 47107(k)”.
2016
FAA Extension, Safety, and Security Act of 2016
Pub. L. 114–190 title II § 2205(b) · 130 Stat. 615
Inserted · 49 U.S.C. § 46301(d)(2)
Pub. L. 114–190 inserted “section 46320,” after “section 46319,”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 114–190 inserted “section 46320,” after “section 46319,”.
Enacted provision · exact public law section
(b) FAA To Impose Civil Penalty.— Section 46301(d)(2) of title 49, United States Code, is amended by inserting “section 46320,” after “section 46319,”.
2018
FAA Reauthorization Act of 2018
Pub. L. 115–254 § 372(e)(1) · 132 Stat. 3187
Inserted · 49 U.S.C. § 46301(a)(1)(A)
Pub. L. 115–254, § 372(e)(1), inserted “chapter 448,” after “chapter 447 (except sections 44717 and 44719–44723),”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 115–254, § 372(e)(1), inserted “chapter 448,” after “chapter 447 (except sections 44717 and 44719–44723),”.
Enacted provision · exact public law section
(1) in subsection (a)(1)(A), by inserting “chapter 448,” after “chapter 447 (except sections 44717 and 44719–44723),”;
2018
TSA Modernization Act
Pub. L. 115–254 § 1991(g)(1)(A)(i) · 132 Stat. 3187
Substituted · 49 U.S.C. § 46301(a)(5)(A)(i)
Pub. L. 115–254, § 1991(g)(1)(A)(i), substituted “chapter 451” for “or chapter 451”
Source evidence
Code amendment note
Subsec. (a)(5)(A)(i). Pub. L. 115–254, § 1991(g)(1)(A)(i), substituted “chapter 451” for “or chapter 451”.
Enacted provision · exact public law section
(i) in subparagraph (A)(i), by striking “or chapter 451” and inserting “chapter 451”; and
2018
FAA Reauthorization Act of 2018
Pub. L. 115–254 § 372(e)(2) · 132 Stat. 3187
Inserted · 49 U.S.C. § 46301(a)(5)(A)(i)
Pub. L. 115–254, § 372(e)(2), inserted “chapter 448,” after “chapter 447 (except sections 44717–44723),”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–254, § 372(e)(2), inserted “chapter 448,” after “chapter 447 (except sections 44717–44723),”.
Enacted provision · exact public law section
(2) in subsection (a)(5)(A)(i), by inserting “chapter 448,” after “chapter 447 (except sections 44717–44723),”;
2018
TSA Modernization Act
Pub. L. 115–254 § 1991(g)(1)(A)(ii) · 132 Stat. 3187
Inserted · 49 U.S.C. § 46301(a)(5)(D)
Pub. L. 115–254, § 1991(g)(1)(A)(ii), inserted “of Transportation” after “Secretary”
Source evidence
Code amendment note
Subsec. (a)(5)(D). Pub. L. 115–254, § 1991(g)(1)(A)(ii), inserted “of Transportation” after “Secretary”.
Enacted provision · exact public law section
(ii) in subparagraph (D), by inserting “of Transportation” after “Secretary”;
2018
FAA Reauthorization Act of 2018
Pub. L. 115–254 § 436 · 132 Stat. 3187
Added · 49 U.S.C. § 46301(a)(7)
Pub. L. 115–254, § 436, added par. (7)
Source evidence
Code amendment note
Subsec. (a)(7). Pub. L. 115–254, § 436, added par. (7).
Enacted provision · exact public law section
SEC. 436. CIVIL PENALTIES RELATING TO HARM TO PASSENGERS WITH DISABILITIES. Section 46301(a) of title 49, United States Code, is amended by adding at the end the following: “(7) Penalties Relating to Harm to Passengers With Disabilities.— “(A) Penalty for bodily harm or damage to wheelchair or other mobility aid.— The amount of a civil penalty assessed under this section for a violation of section 41705 that involves damage to a passenger’s wheelchair or other mobility aid or injury to a passenger with a disability may be increased above the otherwise applicable maximum amount under this section for a violation of section 41705 to an amount not to exceed 3 times the maximum penalty otherwise allowed. “(B) Each act constitutes separate offense.— Notwithstanding paragraph (2), a separate violation of section 41705 occurs for each act of discrimination prohibited by that section.” .
2018
TSA Modernization Act
Pub. L. 115–254 § 1991(g)(1)(B)(i) · 132 Stat. 3187
1. Substituted · 49 U.S.C. § 46301(d)(2)
  Pub. L. 115–254, § 1991(g)(1)(B)(i), substituted “defined by the Secretary of Transportation” for “defined by the Secretary”
2. Substituted · 49 U.S.C. § 46301(d)(2)
  Pub. L. 115–254, § 1991(g)(1)(B)(i), substituted “Administrator of the Federal Aviation Administration shall” for “Administrator shall”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 115–254, § 1991(g)(1)(B)(i), substituted “defined by the Secretary of Transportation” for “defined by the Secretary” and “Administrator of the Federal Aviation Administration shall” for “Administrator shall”.
Enacted provision · exact public law section
(i) in paragraph (2)— (I) by striking “defined by the Secretary” and inserting “defined by the Secretary of Transportation”; and (II) by striking “Administrator shall” and inserting “Administrator of the Federal Aviation Administration shall”;
2018
FAA Reauthorization Act of 2018
Pub. L. 115–254 § 372(e)(3) · 132 Stat. 3187
Inserted · 49 U.S.C. § 46301(d)(2)
Pub. L. 115–254, § 372(e)(3), inserted “chapter 448,” after “chapter 447 (except sections 44717 and 44719–44723),”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–254, § 372(e)(3), inserted “chapter 448,” after “chapter 447 (except sections 44717 and 44719–44723),”.
Enacted provision · exact public law section
(3) in subsection (d)(2), by inserting “chapter 448,” after “chapter 447 (except sections 44717 and 44719–44723),”; and
2018
TSA Modernization Act
Pub. L. 115–254 § 1991(g)(1)(B)(ii) · 132 Stat. 3187
Substituted · 49 U.S.C. § 46301(d)(3)(7)
Pub. L. 115–254, § 1991(g)(1)(B)(ii), substituted “Administrator of the Federal Aviation Administration” for “Administrator” wherever appearing
Source evidence
Code amendment note
Subsec. (d)(3) to (7). Pub. L. 115–254, § 1991(g)(1)(B)(ii), substituted “Administrator of the Federal Aviation Administration” for “Administrator” wherever appearing.
Enacted provision · exact public law section
(ii) in paragraphs (3), (4), (5), (6), (7), and (8), by striking “Administrator” each place it appears and inserting “Administrator of the Federal Aviation Administration”; and
2018
TSA Modernization Act
Pub. L. 115–254 § 1991(g)(1)(B)(ii) · 132 Stat. 3187
1. Substituted · 49 U.S.C. § 46301(d)(8)
  Pub. L. 115–254, § 1991(g)(1)(B)(ii), (iii), substituted “Administrator of the Transportation Security Administration” for “Under Secretary” in introductory provisions
2. Substituted · 49 U.S.C. § 46301(d)(8)
  Pub. L. 115–254, § 1991(g)(1)(B)(ii), (iii), substituted “Administrator of the Federal Aviation Administration” for “Administrator” in introductory provisions
Source evidence
Code amendment note
Subsec. (d)(8). Pub. L. 115–254, § 1991(g)(1)(B)(ii), (iii), substituted “Administrator of the Transportation Security Administration” for “Under Secretary” and “Administrator of the Federal Aviation Administration” for “Administrator” in introductory provisions.
Enacted provision · exact public law section
(ii) in paragraphs (3), (4), (5), (6), (7), and (8), by striking “Administrator” each place it appears and inserting “Administrator of the Federal Aviation Administration”; and
2018
TSA Modernization Act
Pub. L. 115–254 § 1991(g)(1)(C) · 132 Stat. 3187
Inserted · 49 U.S.C. § 46301(e)
Pub. L. 115–254, § 1991(g)(1)(C), inserted “of Transportation” after “Secretary” in introductory provisions
Source evidence
Code amendment note
Subsec. (e). Pub. L. 115–254, § 1991(g)(1)(C), inserted “of Transportation” after “Secretary” in introductory provisions.
Enacted provision · exact public law section
(C) in subsection (e), by inserting “of Transportation” after “Secretary”;
2018
FAA Reauthorization Act of 2018
Pub. L. 115–254 § 372(e)(4) · 132 Stat. 3187
Inserted · 49 U.S.C. § 46301(f)(1)(A)(i)
Pub. L. 115–254, § 372(e)(4), inserted “chapter 448,” after “chapter 447 (except sections 44717 and 44719–44723),”
Source evidence
Code amendment note
Subsec. (f)(1)(A)(i). Pub. L. 115–254, § 372(e)(4), inserted “chapter 448,” after “chapter 447 (except sections 44717 and 44719–44723),”.
Enacted provision · exact public law section
(4) in subsection (f)(1)(A)(i), by inserting “chapter 448,” after “chapter 447 (except sections 44717 and 44719–44723),”.
2018
TSA Modernization Act
Pub. L. 115–254 § 1991(g)(1)(D) · 132 Stat. 3187
Substituted · 49 U.S.C. § 46301(g)
Pub. L. 115–254, § 1991(g)(1)(D), substituted “Administrator of the Federal Aviation Administration” for “Administrator”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 115–254, § 1991(g)(1)(D), substituted “Administrator of the Federal Aviation Administration” for “Administrator”.
Enacted provision · exact public law section
(D) in subsection (g), by striking “Administrator” and inserting “Administrator of the Federal Aviation Administration”; and
2018
TSA Modernization Act
Pub. L. 115–254 § 1991(g)(1)(E) · 132 Stat. 3187
Substituted · 49 U.S.C. § 46301(h)(2)
Pub. L. 115–254, § 1991(g)(1)(E), substituted “Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration” for “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”
Source evidence
Code amendment note
Subsec. (h)(2). Pub. L. 115–254, § 1991(g)(1)(E), substituted “Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration” for “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”.
Enacted provision · exact public law section
(E) in subsection (h)(2)— (i) by striking “Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary” and inserting “Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration”; and (ii) by striking “or the Administrator with respect to aviation safety duties and powers designated to be carried out by the Administrator” and inserting “or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration”;
2024
Pub. L. 118–63 § 507(a) · 138 Stat. 1102
Substituted · 49 U.S.C. § 46301(a)(1)
Pub. L. 118–63, § 507(a), substituted “$75,000” for “$25,000” in introductory provisions
Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 118–63, § 507(a), substituted “$75,000” for “$25,000” in introductory provisions.
Effective date note
Amendment by section 504(b) of Pub. L. 118–63 effective 1 year after May 16, 2024, see section 504(d) of Pub. L. 118–63, set out as an Effective Date note under section 42306 of this title. Pub. L. 118–63, title V, § 507(b), May 16, 2024, 138 Stat. 1193, provided that: “The amendment made by subsection (a) [amending this section] shall apply to violations occurring on or after the date of enactment of this Act [May 16, 2024].”
2024
Pub. L. 118–63 § 770(b)(1) · 138 Stat. 1102
Inserted · 49 U.S.C. § 46301(a)(1)(A)
Pub. L. 118–63, § 770(b)(1), inserted “section 47107(a)(22) (including any assurance made under such section),” after “chapter 451,”
Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 118–63, § 770(b)(1), inserted “section 47107(a)(22) (including any assurance made under such section),” after “chapter 451,”.
Effective date note
Amendment by section 504(b) of Pub. L. 118–63 effective 1 year after May 16, 2024, see section 504(d) of Pub. L. 118–63, set out as an Effective Date note under section 42306 of this title. Pub. L. 118–63, title V, § 507(b), May 16, 2024, 138 Stat. 1193, provided that: “The amendment made by subsection (a) [amending this section] shall apply to violations occurring on or after the date of enactment of this Act [May 16, 2024].”
2024
Pub. L. 118–63 § 504(b) · 138 Stat. 1102
Substituted · 49 U.S.C. § 46301(a)(1)(A)
Pub. L. 118–63, § 504(b), substituted “chapter 423 (except section 42306)” for “chapter 423”
Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 118–63, § 504(b), substituted “chapter 423 (except section 42306)” for “chapter 423”.
Effective date note
Amendment by section 504(b) of Pub. L. 118–63 effective 1 year after May 16, 2024, see section 504(d) of Pub. L. 118–63, set out as an Effective Date note under section 42306 of this title. Pub. L. 118–63, title V, § 507(b), May 16, 2024, 138 Stat. 1193, provided that: “The amendment made by subsection (a) [amending this section] shall apply to violations occurring on or after the date of enactment of this Act [May 16, 2024].”
2024
Pub. L. 118–63 § 1101(t)(1) · 138 Stat. 1102
Substituted · 49 U.S.C. § 46301(a)(6)
Pub. L. 118–63, § 1101(t)(1), substituted “Failure to collect airport security badges” for “Failure To Collect Airport Security Badges” in heading
Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 118–63, § 1101(t)(1), substituted “Failure to collect airport security badges” for “Failure To Collect Airport Security Badges” in heading.
Effective date note
Amendment by section 504(b) of Pub. L. 118–63 effective 1 year after May 16, 2024, see section 504(d) of Pub. L. 118–63, set out as an Effective Date note under section 42306 of this title. Pub. L. 118–63, title V, § 507(b), May 16, 2024, 138 Stat. 1193, provided that: “The amendment made by subsection (a) [amending this section] shall apply to violations occurring on or after the date of enactment of this Act [May 16, 2024].”
2024
Pub. L. 118–63 § 1101(t)(2) · 138 Stat. 1102
Substituted · 49 U.S.C. § 46301(a)(7)
Pub. L. 118–63, § 1101(t)(2), substituted “Penalties relating to harm to passengers with disabilities” for “Penalties Relating to Harm to Passengers With Disabilities” in heading
Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(7). Pub. L. 118–63, § 1101(t)(2), substituted “Penalties relating to harm to passengers with disabilities” for “Penalties Relating to Harm to Passengers With Disabilities” in heading.
Effective date note
Amendment by section 504(b) of Pub. L. 118–63 effective 1 year after May 16, 2024, see section 504(d) of Pub. L. 118–63, set out as an Effective Date note under section 42306 of this title. Pub. L. 118–63, title V, § 507(b), May 16, 2024, 138 Stat. 1193, provided that: “The amendment made by subsection (a) [amending this section] shall apply to violations occurring on or after the date of enactment of this Act [May 16, 2024].”
2024
Pub. L. 118–63 § 770(b)(2) · 138 Stat. 1102
Added · 49 U.S.C. § 46301(a)(8)
Pub. L. 118–63, § 770(b)(2), added par. (8)
Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(8). Pub. L. 118–63, § 770(b)(2), added par. (8).
Effective date note
Amendment by section 504(b) of Pub. L. 118–63 effective 1 year after May 16, 2024, see section 504(d) of Pub. L. 118–63, set out as an Effective Date note under section 42306 of this title. Pub. L. 118–63, title V, § 507(b), May 16, 2024, 138 Stat. 1193, provided that: “The amendment made by subsection (a) [amending this section] shall apply to violations occurring on or after the date of enactment of this Act [May 16, 2024].”
2024
Pub. L. 118–63 § 371 · 138 Stat. 1102
Inserted · 49 U.S.C. § 46301(d)(2)
Pub. L. 118–63, § 371, inserted “section 42121,” before “chapter 441”
Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 118–63, § 371, inserted “section 42121,” before “chapter 441”.
Effective date note
Amendment by section 504(b) of Pub. L. 118–63 effective 1 year after May 16, 2024, see section 504(d) of Pub. L. 118–63, set out as an Effective Date note under section 42306 of this title. Pub. L. 118–63, title V, § 507(b), May 16, 2024, 138 Stat. 1193, provided that: “The amendment made by subsection (a) [amending this section] shall apply to violations occurring on or after the date of enactment of this Act [May 16, 2024].”
2024
Pub. L. 118–63 § 345(1) · 138 Stat. 1102
1. Added · 49 U.S.C. § 46301(d)(4)(A)
  Pub. L. 118–63, § 345(1), added subpar. (A)
2. Struck · 49 U.S.C. § 46301(d)(4)(A)
  Pub. L. 118–63, § 345(1), struck out former subpar. (A) which read as follows: “the amount in controversy is more than—
Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (d)(4)(A). Pub. L. 118–63, § 345(1), added subpar. (A) and struck out former subpar. (A) which read as follows: “the amount in controversy is more than—
“(i) $50,000 if the violation was committed by any person before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act; “(ii) $400,000 if the violation was committed by a person other than an individual or small business concern on or after that date; or “(iii) $50,000 if the violation was committed by an individual or small business concern on or after that date;”.
Effective date note
Amendment by section 504(b) of Pub. L. 118–63 effective 1 year after May 16, 2024, see section 504(d) of Pub. L. 118–63, set out as an Effective Date note under section 42306 of this title. Pub. L. 118–63, title V, § 507(b), May 16, 2024, 138 Stat. 1193, provided that: “The amendment made by subsection (a) [amending this section] shall apply to violations occurring on or after the date of enactment of this Act [May 16, 2024].”
2024
Pub. L. 118–63 § 345(2) · 138 Stat. 1102
1. Added · 49 U.S.C. § 46301(d)(8)
  Pub. L. 118–63, § 345(2), added par. (8)
2. Struck · 49 U.S.C. § 46301(d)(8)
  Pub. L. 118–63, § 345(2), struck out former par. (8) which read as follows: “The maximum civil penalty the Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, or Board may impose under this subsection is—
Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (d)(8). Pub. L. 118–63, § 345(2), added par. (8) and struck out former par. (8) which read as follows: “The maximum civil penalty the Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, or Board may impose under this subsection is—
“(A) $50,000 if the violation was committed by any person before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act; “(B) $400,000 if the violation was committed by a person other than an individual or small business concern on or after that date; or “(C) $50,000 if the violation was committed by an individual or small business concern on or after that date.”
Effective date note
Amendment by section 504(b) of Pub. L. 118–63 effective 1 year after May 16, 2024, see section 504(d) of Pub. L. 118–63, set out as an Effective Date note under section 42306 of this title. Pub. L. 118–63, title V, § 507(b), May 16, 2024, 138 Stat. 1193, provided that: “The amendment made by subsection (a) [amending this section] shall apply to violations occurring on or after the date of enactment of this Act [May 16, 2024].”

108 of 119 references resolved to an enrolled provision · 11 unresolved

Notes

historicalAndRevision

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

In this section, the word “prescribed” is added for consistency in the revised title and with other titles of the United States Code. The words “United States Postal Service” and “Postal Service” are substituted for “Postmaster General” because of section 4(a) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773).

In subsections (a)(1)(C) and (c), the words “condition, or limitation” are omitted as surplus.

In subsection (a)(2), before clause (A), the words “occurring after December 30, 1987” are omitted as obsolete.

In subsection (b)(1), the word “providing” is substituted for “engaged in” for consistency in the revised title.

In subsection (b)(2), the words “in accordance with section 1471 of this Appendix” are omitted as surplus.

In subsection (c)(1), before clause (A), the words “or his delegate” are omitted because of 49:322(b). The word “impose” is substituted for “assessed” for consistency. The words “amount of any such” are omitted as surplus.

In subsection (d), the word “impose” is substituted for “assess” for consistency.

In subsection (d)(1), before clause (A), the words “the following definitions apply” are omitted as surplus.

In subsection (d)(2), the text of section 7214 of the Anti-Drug Abuse Act of 1988 (Public Law 100–690, 102 Stat 4434) is omitted as obsolete. The words “or the delegate of the Administrator” are omitted because of 49:322(b).

In subsection (d)(4)(C), the word “or” is substituted for “and” for clarity.

In subsection (d)(5)(B) and (7)(A), the words “in accordance with section 554 of title 5” are omitted for consistency in the revised title and because 5:554 applies to a hearing on the record unless otherwise stated.

In subsection (d)(5)(B), the words “consistent with this subsection” are omitted as surplus.

In subsection (d)(5)(C), the word “Administrator” is substituted for “Federal Aviation Administration” because of 49:106(b) and (g).

In subsection (d)(7)(B), before clause (i), the words “as the result of a hearing under subparagraph (A) of this paragraph” are added for clarity.

In subsection (e), before clause (1), the words “civil penalty under subsection (a)(3) of this section related to transportation of hazardous material” are substituted for “such penalty” for clarity. In clause (1), the word “committed” is omitted as surplus.

In subsection (f)(2), the word “imposed” is substituted for “when finally determined or fixed by order of the Board” for consistency. The words “agreed upon” are omitted as surplus.

In subsection (g), the word “imposing” is substituted for “assessing” for consistency.

In subsection (h)(2), the words “with respect thereto” are omitted as surplus. The word “Administrator” in section 901(a)(1) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 783) is retained on authority of 49:106(g).

Pub. L. 103–429

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

Pub. L. 104–287, § 5(77)(A) and (B)

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

Pub. L. 104–287, § 5(77)(C)

This makes a conforming amendment to 49:46301(a)(3).

Pub. L. 104–287, § 5(77)(D)–(F)

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

Editorial Notes

References in Text

The date of enactment of this paragraph, referred to in subsec. (a)(6), is the date of enactment of Pub. L. 110–161, which was approved Dec. 26, 2007.

The date of enactment of the FAA Reauthorization Act of 2024, referred to in subsec. (d)(4)(A), (8), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024.

Amendments1994–2024 · 15 rounds

2024

Subsec. (a)(1). Pub. L. 118–63, § 507(a), substituted “$75,000” for “$25,000” in introductory provisions.

Subsec. (a)(1)(A). Pub. L. 118–63, § 770(b)(1), inserted “section 47107(a)(22) (including any assurance made under such section),” after “chapter 451,”.

Pub. L. 118–63, § 504(b), substituted “chapter 423 (except section 42306)” for “chapter 423”.

Subsec. (a)(6). Pub. L. 118–63, § 1101(t)(1), substituted “Failure to collect airport security badges” for “Failure To Collect Airport Security Badges” in heading.

Subsec. (a)(7). Pub. L. 118–63, § 1101(t)(2), substituted “Penalties relating to harm to passengers with disabilities” for “Penalties Relating to Harm to Passengers With Disabilities” in heading.

Subsec. (a)(8). Pub. L. 118–63, § 770(b)(2), added par. (8).

Subsec. (d)(2). Pub. L. 118–63, § 371, inserted “section 42121,” before “chapter 441”.

Subsec. (d)(4)(A). Pub. L. 118–63, § 345(1), added subpar. (A) and struck out former subpar. (A) which read as follows: “the amount in controversy is more than—

“(i) $50,000 if the violation was committed by any person before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act;

“(ii) $400,000 if the violation was committed by a person other than an individual or small business concern on or after that date; or

“(iii) $50,000 if the violation was committed by an individual or small business concern on or after that date;”.

Subsec. (d)(8). Pub. L. 118–63, § 345(2), added par. (8) and struck out former par. (8) which read as follows: “The maximum civil penalty the Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, or Board may impose under this subsection is—

“(A) $50,000 if the violation was committed by any person before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act;

“(B) $400,000 if the violation was committed by a person other than an individual or small business concern on or after that date; or

“(C) $50,000 if the violation was committed by an individual or small business concern on or after that date.”

2018

Subsec. (a)(1)(A). Pub. L. 115–254, § 372(e)(1), inserted “chapter 448,” after “chapter 447 (except sections 44717 and 44719–44723),”.

Subsec. (a)(5)(A)(i). Pub. L. 115–254, § 1991(g)(1)(A)(i), substituted “chapter 451” for “or chapter 451”.

Pub. L. 115–254, § 372(e)(2), inserted “chapter 448,” after “chapter 447 (except sections 44717–44723),”.

Subsec. (a)(5)(D). Pub. L. 115–254, § 1991(g)(1)(A)(ii), inserted “of Transportation” after “Secretary”.

Subsec. (a)(7). Pub. L. 115–254, § 436, added par. (7).

Subsec. (d)(2). Pub. L. 115–254, § 1991(g)(1)(B)(i), substituted “defined by the Secretary of Transportation” for “defined by the Secretary” and “Administrator of the Federal Aviation Administration shall” for “Administrator shall”.

Pub. L. 115–254, § 372(e)(3), inserted “chapter 448,” after “chapter 447 (except sections 44717 and 44719–44723),”.

Subsec. (d)(3) to (7). Pub. L. 115–254, § 1991(g)(1)(B)(ii), substituted “Administrator of the Federal Aviation Administration” for “Administrator” wherever appearing.

Subsec. (d)(8). Pub. L. 115–254, § 1991(g)(1)(B)(ii), (iii), substituted “Administrator of the Transportation Security Administration” for “Under Secretary” and “Administrator of the Federal Aviation Administration” for “Administrator” in introductory provisions.

Subsec. (e). Pub. L. 115–254, § 1991(g)(1)(C), inserted “of Transportation” after “Secretary” in introductory provisions.

Subsec. (f)(1)(A)(i). Pub. L. 115–254, § 372(e)(4), inserted “chapter 448,” after “chapter 447 (except sections 44717 and 44719–44723),”.

Subsec. (g). Pub. L. 115–254, § 1991(g)(1)(D), substituted “Administrator of the Federal Aviation Administration” for “Administrator”.

Subsec. (h)(2). Pub. L. 115–254, § 1991(g)(1)(E), substituted “Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration” for “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”.

2016

Subsec. (d)(2). Pub. L. 114–190 inserted “section 46320,” after “section 46319,”.

2014

Subsec. (d)(2). Pub. L. 113–188 substituted “section 47107(k)” for “section 47107(l)”.

2012

Subsec. (a)(1)(A). Pub. L. 112–95, § 803(1), inserted “chapter 451,” before “section 47107(b)”.

Pub. L. 112–95, § 415(b), inserted “chapter 423,” after “chapter 421,”.

Subsec. (a)(5)(A)(i). Pub. L. 112–95, § 803(2)(B), inserted “, or chapter 451” after “44907–44909)”.

Pub. L. 112–95, § 803(2)(A), which directed the substitution of “chapter 449” for “or chapter 449”, could not be executed because of the prior amendment by Pub. L. 112–74, § 564(a). See 2011 Amendment note below.

Subsec. (c)(1)(A). Pub. L. 112–95, § 415(b), inserted “chapter 423,” after “chapter 421,”.

Subsec. (d)(2). Pub. L. 112–95, § 803(3), substituted “44723), chapter 451,” for “44723) or”, “section 46302” for “46302”, “section 46318, section 46319, or section 47107(b)” for “46318, or 47107(b)” in first sentence , and “section 46302” for “46302”, “or section 46303 of this title” for “46303,”, and “any of those provisions” for “such chapter 449” in second sentence.

Subsec. (f)(1)(A)(i). Pub. L. 112–95, § 803(4), substituted “chapter 449” for “or chapter 449” and inserted “, or chapter 451” after “44909)”.

2011

Subsec. (a)(5)(A)(i). Pub. L. 112–74 substituted “chapter 449” for “or chapter 449” and inserted “, or section 46314(a)” after “44909)”.

2007

Subsec. (a)(4). Pub. L. 110–53 struck out “or another requirement under this title administered by the Under Secretary of Transportation for Security” after “chapter 449”.

Subsec. (a)(6). Pub. L. 110–161 added par. (6).

2004

Subsec. (d)(2). Pub. L. 108–458, § 4027(a)(1)–(3), substituted “46302 (for a violation relating to section 46504),” for “46302, 46303,”, “The Secretary of Homeland Security may” for “The Under Secretary of Transportation for Security may”, “44909), 46302 (except for a violation relating to section 46504), 46303,” for “44909)”, and “The Secretary of Homeland Security or” for “The Under Secretary or”.

Subsec. (d)(3). Pub. L. 108–458, § 4027(a)(3), substituted “Secretary of Homeland Security or” for “Under Secretary or”.

Subsec. (d)(4). Pub. L. 108–458, § 4027(a)(3), substituted “Secretary of Homeland Security or” for “Under Secretary or” in introductory provisions.

Subsec. (d)(4)(A). Pub. L. 108–458, § 4027(a)(4), realigned margins.

2003

Subsec. (a)(1). Pub. L. 108–176, § 503(a)(1), substituted “$25,000 (or $1,100 if the person is an individual or small business concern)” for “$1,000” in introductory provisions.

Subsec. (a)(1)(A). Pub. L. 108–176, § 503(a)(2), (3), struck out “or” before “section 47107(b)” and substituted “section), or section 47133” for “section)”.

Subsec. (a)(2). Pub. L. 108–176, § 503(a)(5), substituted “section 41719” for “section 41715” in two places.

Pub. L. 108–176, § 503(a)(4), redesignated par. (4) as (2) and struck out former par. (2) which read as follows: “A person operating an aircraft for the transportation of passengers or property for compensation (except an airman serving as an airman) is liable to the Government for a civil penalty of not more than $10,000 for violating—

“(A) chapter 401 (except sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117), section 44502(b) or (c), chapter 447 (except sections 44717–44723), or chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909) of this title; or

“(B) a regulation prescribed or order issued under any provision to which clause (A) of this paragraph applies.”

Subsec. (a)(3). Pub. L. 108–176, § 503(a)(4), redesignated par. (5) as (3) and struck out former par. (3) which read as follows: “A civil penalty of not more than $10,000 may be imposed for each violation under paragraph (1) of this subsection related to

“(A) the transportation of hazardous material;

“(B) the registration or recordation under chapter 441 of this title of an aircraft not used to provide air transportation;

“(C) a violation of section 44718(d), relating to the limitation on construction or establishment of landfills;

“(D) a violation of section 44725, relating to the safe disposal of life-limited aircraft parts; or

“(E) a violation of section 41705, relating to discrimination against handicapped individuals.”

Subsec. (a)(4). Pub. L. 108–176, § 503(a)(6), substituted “paragraph (1)” for “paragraphs (1) and (2)”.

Pub. L. 108–176, § 503(a)(4), redesignated par. (8) as (4). Former par. (4) redesignated (2).

Subsec. (a)(5). Pub. L. 108–176, § 503(a)(7), added par. (5). Former par. (5) redesignated (3).

Subsec. (a)(6). Pub. L. 108–176, § 503(a)(4), struck out heading and text of par. (6). Text read as follows: “Notwithstanding paragraph (1), the maximum civil penalty for violating section 41715 shall be $5,000 instead of $1,000.”

Subsec. (a)(7). Pub. L. 108–176, § 503(a)(4), struck out heading and text of par. (7). Text read as follows: “Notwithstanding paragraphs (1) and (4), the maximum civil penalty for violating section 40127 or 41712 (including a regulation prescribed or order issued under such section) or any other regulation prescribed by the Secretary that is intended to afford consumer protection to commercial air transportation passengers, shall be $2,500 for each violation.”

Subsec. (a)(8). Pub. L. 108–176, § 503(a)(4), redesignated par. (8) as (4).

Subsec. (d)(4)(A). Pub. L. 108–176, § 503(b)(1), substituted “more than—” for “more than $50,000;” and added cls. (i) to (iii).

Subsec. (d)(8). Pub. L. 108–176, § 503(b)(2), substituted “is—” for “is $50,000.” and added subpars. (A) to (C).

Subsec. (i). Pub. L. 108–176, § 503(c), added subsec. (i).

2002

Subsec. (a)(8). Pub. L. 107–296 added par. (8).

2001

Subsec. (d)(2). Pub. L. 107–71, § 140(d)(1)(C), inserted “Under Secretary or” before “Administrator shall”.

Pub. L. 107–71, § 140(d)(1)(B), inserted after first sentence “The Under Secretary of Transportation for Security may impose a civil penalty for a violation of chapter 449 (except sections 44902, 44903(d), 44907(a)–(d)(1)(A), 44907(d)(1)(C)–(f), 44908, and 44909) or a regulation prescribed or order issued under such chapter 449.”

Pub. L. 107–71, § 140(d)(1)(A), which directed amendment of subsec. (d)(2) by striking out “, chapter 449 (except sections 44902, 44903(d), 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909),”, was executed by striking out “, chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909),” before “or section 46301(b)”, to reflect the probable intent of Congress.

Subsec. (d)(3), (4). Pub. L. 107–71, § 140(d)(2), substituted “Under Secretary or Administrator” for “Administrator”.

Subsec. (d)(8). Pub. L. 107–71, § 140(d)(3), substituted “Under Secretary, Administrator,” for “Administrator”.

Subsec. (h)(2). Pub. L. 107–71, § 140(d)(4), inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” after “(or”.

2000

Subsec. (a)(1)(A). Pub. L. 106–181, §§ 519(c), 720(1), substituted “subchapter II or III of chapter 421” for “subchapter II of chapter 421” and struck out “46302, 46303, or” before “47107(b) (including”.

Subsec. (a)(3)(C). Pub. L. 106–181, § 503(c), added subpar. (C).

Subsec. (a)(3)(D), (E). Pub. L. 106–181, §§ 504(b), 707(b), added subpars. (D) and (E).

Subsec. (a)(6). Pub. L. 106–181, § 222(b), inserted heading and realigned margins.

Subsec. (a)(7). Pub. L. 106–181, § 222(a), added par. (7).

Subsec. (d)(2). Pub. L. 106–424 substituted “46301(b), 46302, 46303, 46318,” for “46302, 46303,”.

Subsec. (d)(7)(A). Pub. L. 106–181, § 720(2), substituted “a penalty on a person” for “a penalty on an individual”.

Subsec. (g). Pub. L. 106–181, § 720(3), inserted “or the Administrator” after “Secretary”.

1997

Subsecs. (a)(1)(A), (2)(A), (d)(2), (f)(1)(A)(i). Pub. L. 105–102 repealed Pub. L. 104–264, §§ 502(c), 1220(b). See 1996 Amendment notes below.

1996

Subsec. (a)(1)(A). Pub. L. 104–287, § 5(77)(A)(iii), (iv), inserted “or” after “46303,” and struck out “, or 41715” after “under such section)”.

Pub. L. 104–287, § 5(77)(A)(ii), substituted “section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), and 44908), or section” for “or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44909(a), 44912–44915, 44932–44938,”.

Pub. L. 104–287, § 5(77)(A)(i), substituted “chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714),” for “any of sections 41301–41306, 41308–41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, or 41731–41742,”.

Pub. L. 104–264, § 1220(b), which directed amendment of subpar. (A) by inserting “44718(d),” after “44716,”, was repealed by Pub. L. 105–102.

Pub. L. 104–264, § 502(c)(1), which directed amendment of subpar. (A) by inserting “44724,” after “44718(d),”, was repealed by Pub. L. 105–102.

Subsec. (a)(2)(A). Pub. L. 104–287, § 5(77)(B), substituted “, section 44502(b) or (c), chapter 447 (except sections 44717–44723), or chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909)” for “or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44912–44915, or 44932–44938”.

Pub. L. 104–264, § 502(c)(2), which directed amendment of subpar. (A) by inserting “44724,” after “44716,”, was repealed by Pub. L. 105–102.

Subsec. (a)(3). Pub. L. 104–287, § 5(77)(C), realigned margins of subpars. (A) and (B).

Subsec. (a)(5). Pub. L. 104–264, § 804(b), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “In the case of a violation of section 47107(b) of this title, the maximum civil penalty for a continuing violation shall not exceed $50,000.”

Subsec. (c)(1)(A). Pub. L. 104–287, § 5(77)(D)(ii), (iii), struck out “or” before “subchapter II” and inserted “, or section 44909” before “of this title”.

Pub. L. 104–287, § 5(77)(D)(i), substituted “chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714),” for “any of sections 41301–41306, 41308–41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, or 41731–41742,”.

Subsec. (d)(2). Pub. L. 104–287, § 5(77)(E), substituted “section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909), or section” for “or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912–44915, 44932–44938,”.

Pub. L. 104–264, § 1220(b), which directed amendment of par. (2) by inserting “44718(d),” after “44716,”, was repealed by Pub. L. 105–102.

Pub. L. 104–264, § 502(c)(1), which directed amendment of par. (2) by inserting “44724,” after “44718(d),”, was repealed by Pub. L. 105–102.

Subsec. (f)(1)(A)(i). Pub. L. 104–287, § 5(77)(F), substituted “section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), or chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909)” for “or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912–44915, or 44932–44938”.

Pub. L. 104–264, § 1220(b), which directed amendment of cl. (i) by inserting “44718(d),” after “44716,”, was repealed by Pub. L. 105–102.

Pub. L. 104–264, § 502(c)(1), which directed amendment of cl. (i) by inserting “44724,” after “44718(d),”, was repealed by Pub. L. 105–102.

1994

Subsec. (a)(1)(A). Pub. L. 103–429, § 6(60)(A), substituted “any of sections 41301–41306” for “section 41301–41306” and “any of sections 44701(a)” for “section 44701(a)”.

Pub. L. 103–305, § 207(c)(1), inserted “, or 41715” before “of this title”.

Pub. L. 103–305, § 112(c)(1)(A), substituted “46303, 47107(b) (including any assurance made under such section)” for “or 46303”.

Subsec. (a)(2)(A). Pub. L. 103–429, § 6(60)(B), substituted “any of sections 44701(a)” for “section 44701(a)”.

Subsec. (a)(4). Pub. L. 103–305, § 207(c)(2), inserted “(other than a violation of section 41715)” after “the violation” in two places.

Subsec. (a)(5). Pub. L. 103–305, § 112(c)(1)(B), added par. (5).

Subsec. (a)(6). Pub. L. 103–305, § 207(c)(3), added par. (6).

Subsec. (c)(1)(A). Pub. L. 103–429, § 6(60)(C), substituted “any of sections 41301–41306” for “section 41301–41306”.

Subsec. (d)(2). Pub. L. 103–429, § 6(60)(B), substituted “any of sections 44701(a)” for “section 44701(a)”.

Pub. L. 103–305, § 112(c)(2), substituted “46303, or 47107(b) (as further defined by the Secretary under section 47107(l) and including any assurance made under section 47107(b))” for “or 46303”.

Subsec. (d)(7)(D). Pub. L. 103–305, § 112(c)(3), added subpar. (D).

Subsec. (f)(1)(A)(i). Pub. L. 103–429, § 6(60)(B), substituted “any of sections 44701(a)” for “section 44701(a)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment

Amendment by section 504(b) of Pub. L. 118–63 effective 1 year after May 16, 2024, see section 504(d) of Pub. L. 118–63, set out as an Effective Date note under section 42306 of this title.

Pub. L. 118–63, title V, § 507(b), May 16, 2024, 138 Stat. 1193, provided that: “The amendment made by subsection (a) [amending this section] shall apply to violations occurring on or after the date of enactment of this Act [May 16, 2024].”

Effective Date of 2003 Amendment

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

Effective Date of 2002 Amendment

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

Effective Date of 2000 Amendment

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

Effective Date of 1997 Amendment

Pub. L. 105–102, § 3(c), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(c)(4) is effective Oct. 9, 1996.

Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.

Effective Date of 1996 Amendments

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

Amendment by section 502(c) of Pub. L. 104–264 applicable to any air carrier hiring an individual as a pilot whose application was first received by the carrier on or after the 120th day following Oct. 9, 1996, see section 502(d) of Pub. L. 104–264, set out as a note under section 30305 of this title.

Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.

Effective Date of 1994 Amendments

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

Amendment by section 207(c) of Pub. L. 103–305 effective Feb. 1, 1995, see section 207(d) of Pub. L. 103–305, set out as an Effective Date note under section 41719 of this title.

Conforming Regulations

Pub. L. 118–63, title V, § 507(c), May 16, 2024, 138 Stat. 1193, provided that: “The Secretary [of Transportation] shall revise such regulations as necessary to conform to the amendment made by subsection (a) [amending this section].”

Savings Provision

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

Laser Pointer Incidents

Pub. L. 114–190, title II, § 2104, July 15, 2016, 130 Stat. 620, as amended by Pub. L. 118–63, title II, § 218(m), May 16, 2024, 138 Stat. 1057, provided that:

“(a)
In General.—
Beginning 90 days after the date of enactment of this Act [July 15, 2016], the Administrator of the Federal Aviation Administration, in coordination with appropriate Federal law enforcement agencies, shall provide annually an annual [sic] briefing to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] regarding—
“(1)
the number of incidents involving the beam from a laser pointer (as defined in section 39A of title 18, United States Code) being aimed at, or in the flight path of, an aircraft in the airspace jurisdiction of the United States;
#
“(2)
the number of civil or criminal enforcement actions taken by the Federal Aviation Administration, the Department of Transportation, or another Federal agency with regard to the incidents described in paragraph (1), including the amount of the civil or criminal penalties imposed on violators;
#
“(3)
the resolution of any incidents described in paragraph (1) that did not result in a civil or criminal enforcement action; and
#
“(4)
any actions the Department of Transportation or another Federal agency has taken on its own, or in conjunction with other Federal agencies or local law enforcement agencies, to deter the type of activity described in paragraph (1).
#
#
“(b)
Civil Penalties.—
The Administrator shall revise the maximum civil penalty that may be imposed on an individual who aims the beam of a laser pointer at an aircraft in the airspace jurisdiction of the United States, or at the flight path of such an aircraft, to be $25,000.
#
“(c)
Report Sunset.—
Subsection (a) shall cease to be effective after September 30, 2028.”
#

Credits

1994–2024 · 20 acts

1994Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1231
1994Pub. L. 103–305, title I, § 112(c), title II, § 207(c), Aug. 23, 1994, 108 Stat. 1575, 1588
1994Pub. L. 103–429, § 6(60), Oct. 31, 1994, 108 Stat. 4385
1996Pub. L. 104–264, title V, § 502(c), title VIII, § 804(b), title XII, § 1220(b), Oct. 9, 1996, 110 Stat. 3263, 3271, 3286
1996Pub. L. 104–287, § 5(77), Oct. 11, 1996, 110 Stat. 3396
1997Pub. L. 105–102, § 3(c)(4), Nov. 20, 1997, 111 Stat. 2215
2000Pub. L. 106–181, title II, § 222, title V, §§ 503(c), 504(b), 519(c), title VII, §§ 707(b), 720, Apr. 5, 2000, 114 Stat. 102, 133, 134, 149, 158, 163
2000Pub. L. 106–424, § 15, Nov. 1, 2000, 114 Stat. 1888
2001Pub. L. 107–71, title I, § 140(d)(1)–(4), Nov. 19, 2001, 115 Stat. 642
2002Pub. L. 107–296, title XVI, § 1602, Nov. 25, 2002, 116 Stat. 2312
2003Pub. L. 108–176, title V, § 503(a)–(c), Dec. 12, 2003, 117 Stat. 2557, 2558
2004Pub. L. 108–458, title IV, § 4027(a), Dec. 17, 2004, 118 Stat. 3727
2007Pub. L. 110–53, title XIII, § 1302(b), Aug. 3, 2007, 121 Stat. 392
2007Pub. L. 110–161, div. E, title V, § 542, Dec. 26, 2007, 121 Stat. 2079
2011Pub. L. 112–74, div. D, title V, § 564(a), Dec. 23, 2011, 125 Stat. 981
2012Pub. L. 112–95, title IV, § 415(b), title VIII, § 803, Feb. 14, 2012, 126 Stat. 96, 119
2014Pub. L. 113–188, title XV, § 1501(b)(2)(B), Nov. 26, 2014, 128 Stat. 2024
2016Pub. L. 114–190, title II, § 2205(b), July 15, 2016, 130 Stat. 631
2018Pub. L. 115–254, div. B, title III, § 372(e), title IV, § 436, div. K, title I, § 1991(g)(1), Oct. 5, 2018, 132 Stat. 3312, 3344, 3643
2024Pub. L. 118–63, title III, §§ 345, 371, title V, §§ 504(b), 507(a), title VII, § 770(b), title XI, § 1101(t), May 16, 2024, 138 Stat. 1102, 1139, 1191, 1193, 1295, 1414.

Show as published

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1231; Pub. L. 103–305, title I, § 112(c), title II, § 207(c), Aug. 23, 1994, 108 Stat. 1575, 1588; Pub. L. 103–429, § 6(60), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–264, title V, § 502(c), title VIII, § 804(b), title XII, § 1220(b), Oct. 9, 1996, 110 Stat. 3263, 3271, 3286; Pub. L. 104–287, § 5(77), Oct. 11, 1996, 110 Stat. 3396; Pub. L. 105–102, § 3(c)(4), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106–181, title II, § 222, title V, §§ 503(c), 504(b), 519(c), title VII, §§ 707(b), 720, Apr. 5, 2000, 114 Stat. 102, 133, 134, 149, 158, 163; Pub. L. 106–424, § 15, Nov. 1, 2000, 114 Stat. 1888; Pub. L. 107–71, title I, § 140(d)(1)–(4), Nov. 19, 2001, 115 Stat. 642; Pub. L. 107–296, title XVI, § 1602, Nov. 25, 2002, 116 Stat. 2312; Pub. L. 108–176, title V, § 503(a)–(c), Dec. 12, 2003, 117 Stat. 2557, 2558; Pub. L. 108–458, title IV, § 4027(a), Dec. 17, 2004, 118 Stat. 3727; Pub. L. 110–53, title XIII, § 1302(b), Aug. 3, 2007, 121 Stat. 392; Pub. L. 110–161, div. E, title V, § 542, Dec. 26, 2007, 121 Stat. 2079; Pub. L. 112–74, div. D, title V, § 564(a), Dec. 23, 2011, 125 Stat. 981; Pub. L. 112–95, title IV, § 415(b), title VIII, § 803, Feb. 14, 2012, 126 Stat. 96, 119; Pub. L. 113–188, title XV, § 1501(b)(2)(B), Nov. 26, 2014, 128 Stat. 2024; Pub. L. 114–190, title II, § 2205(b), July 15, 2016, 130 Stat. 631; Pub. L. 115–254, div. B, title III, § 372(e), title IV, § 436, div. K, title I, § 1991(g)(1), Oct. 5, 2018, 132 Stat. 3312, 3344, 3643; Pub. L. 118–63, title III, §§ 345, 371, title V, §§ 504(b), 507(a), title VII, § 770(b), title XI, § 1101(t), May 16, 2024, 138 Stat. 1102, 1139, 1191, 1193, 1295, 1414.)