49 USC

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49 USC Sec. 5103a Added by Patriot I 10/26/01

Extract of the United States Code, Title 49.

TITLE 49 - TRANSPORTATION
SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51

Sec. 5103a. Limitation on issuance of hazmat licenses

(1) ISSUANCE OF LICENSES- A State may not issue to any individual a license to operate a motor vehicle transporting in commerce a hazardous material unless the Secretary of Transportation has first determined, upon receipt of a notification under subsection (c)(1)(B), that the individual does not pose a security risk warranting denial of the license.

(2) RENEWALS INCLUDED- For the purposes of this section, the term `issue', with respect to a license, includes renewal of the license.

(b) HAZARDOUS MATERIALS DESCRIBED- The limitation in subsection (a) shall apply with respect to--

(1) any material defined as a hazardous material by the Secretary of Transportation; and

(2) any chemical or biological material or agent determined by the Secretary of Health and Human Services or the Attorney General as being a threat to the national security of the United States.

(1) IN GENERAL- Upon the request of a State regarding issuance of a license described in subsection (a)(1) to an individual, the Attorney General--

(A) shall carry out a background records check regarding the individual; and

(B) upon completing the background records check, shall notify the Secretary of Transportation of the completion and results of the background records check.

(2) SCOPE- A background records check regarding an individual under this subsection shall consist of the following:

(A) A check of the relevant criminal history data bases.

(B) In the case of an alien, a check of the relevant data bases to determine the status of the alien under the immigration laws of the United States.

(C) As appropriate, a check of the relevant international data bases through Interpol-U.S. National Central Bureau or other appropriate means.

(d) REPORTING REQUIREMENT- Each State shall submit to the Secretary of Transportation, at such time and in such manner as the Secretary may prescribe, the name, address, and such other information as the Secretary may require, concerning--

(1) each alien to whom the State issues a license described in subsection (a); and

(2) each other individual to whom such a license is issued, as the Secretary may require.

(e) ALIEN DEFINED- In this section, the term `alien' has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act.
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49 USC Sec. 5302 01/02/01

TITLE 49 - TRANSPORTATION
SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
CHAPTER 53 - MASS TRANSPORTATION

Sec. 5302. Definitions

(a) In General. - In this chapter, the following definitions apply:

     (1) Capital project. - The term ''capital project'' means a project for -

     (A) acquiring, constructing, supervising, or inspecting equipment or a facility for use in mass transportation, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, and acquiring rights-of-way), payments for the capital portions of rail trackage rights agreements, transit-related intelligent transportation systems, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing;
     (B) rehabilitating a bus;
     (C) remanufacturing a bus;
     (D) overhauling rail rolling stock;
     (E) preventive maintenance;
     (F) leasing equipment or a facility for use in mass transportation, subject to regulations that the Secretary prescribes limiting the leasing arrangements to those that are more cost-effective than purchase or construction;
     (G) a mass transportation improvement that enhances economic development or incorporates private investment, including commercial and residential development, pedestrian and bicycle access to a mass transportation facility, and the renovation and improvement of historic transportation facilities, because the improvement enhances the effectiveness of a mass transportation project and is related physically or functionally to that mass transportation project, or establishes new or enhanced coordination between mass transportation and other transportation, and provides a fair share of revenue for mass transportation that will be used for mass transportation -

     (i) including property acquisition, demolition of existing structures, site preparation, utilities, building foundations, walkways, open space, safety and security equipment and facilities (including lighting, surveillance and related intelligent transportation system applications), facilities that incorporate community services such as daycare or health care, and a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall, except that a person making an agreement to occupy space in a facility under this subparagraph shall pay a reasonable share of the costs of the facility through rental payments and other means; and
     (ii) excluding construction of a commercial revenue-producing facility or a part of a public facility not related to mass transportation;

     (H) the introduction of new technology, through innovative and improved products, into mass transportation; or
     (I) the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts not to exceed 10 percent of such recipient's annual formula apportionment under sections 5307 and 5311.

     (2) Chief executive officer of a state. -
The term ''chief executive officer of a State'' includes the designee of the chief executive officer.
     (3) Emergency regulation. -
The term ''emergency regulation'' means a regulation -

     (A) that is effective temporarily before the expiration of the otherwise specified periods of time for public notice and comment under section 5334(b); and
     (B) prescribed by the Secretary as the result of a finding that a delay in the effective date of the regulation -

     (i) would injure seriously an important public interest;
     (ii) would frustrate substantially legislative policy and intent; or
     (iii) would damage seriously a person or class without serving an important public interest.

     (4) Fixed guideway. -
The term ''fixed guideway'' means a mass transportation facility -

     (A) using and occupying a separate right-of-way or rail for the exclusive use of mass transportation and other high occupancy vehicles; or
     (B) using a fixed catenary system and a right-of-way usable by other forms of transportation.

     (5) Handicapped individual. -
The term ''handicapped individual'' means an individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semiambulatory capability), cannot use effectively, without special facilities, planning, or design, mass transportation service or a mass transportation facility.
     (6) Local governmental authority. -
The term ''local governmental authority'' includes -

     (A) a political subdivision of a State;
     (B) an authority of at least 1 State or political subdivision of a State;
     (C) an Indian tribe; and
     (D) a public corporation, board, or commission established under the laws of a State.

     (7) Mass transportation. -
The term ''mass transportation'' means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include school bus, charter, or sightseeing transportation.
     (8) Net project cost. -
The term ''net project cost'' means the part of a project that reasonably cannot be financed from revenues.
     (9) New bus model. -
The term ''new bus model'' means a bus model (including a model using alternative fuel) -

     (A) that has not been used in mass transportation in the United States before the date of production of the model; or
     (B) used in mass transportation in the United States, but being produced with a major change in configuration or components.

     (10) Public transportation. -
The term ''public transportation'' means mass transportation.
     (11) Regulation. -
The term ''regulation'' means any part of a statement of general or particular applicability of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this chapter.
     (12) Secretary. -
The term ''Secretary'' means the Secretary of Transportation.
     (13) State. -
The term ''State'' means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.
     (14) Transit. - The term ''transit'' means mass transportation.
     (15) Transit enhancement. -
The term ''transit enhancement'' means, with respect to any project or an area to be served by a project, projects that are designed to enhance mass transportation service or use and that are physically or functionally related to transit facilities. Eligible projects are -

     (A) historic preservation, rehabilitation, and operation of historic mass transportation buildings, structures, and facilities (including historic bus and railroad facilities);
     (B) bus shelters;
     (C) landscaping and other scenic beautification, including tables, benches, trash receptacles, and street lights;
     (D) public art;
     (E) pedestrian access and walkways;
     (F) bicycle access, including bicycle storage facilities and installing equipment for transporting bicycles on mass transportation vehicles;
     (G) transit connections to parks within the recipient's transit service area;
     (H) signage; and
     (I) enhanced access for persons with disabilities to mass transportation.

     (16) Urban area. -
The term ''urban area'' means an area that includes a municipality or other built-up place that the Secretary, after considering local patterns and trends of urban growth, decides is appropriate for a local mass transportation system to serve individuals in the locality.
     (17) Urbanized area. -
The term ''urbanized area'' means an area -

     (A) encompassing at least an urbanized area within a State that the Secretary of Commerce designates; and
     (B) designated as an urbanized area within boundaries fixed by State and local officials and approved by the Secretary.

(b) Authority To Modify ''Handicapped Individual''. - The Secretary may by regulation modify the definition of the term ''handicapped individual'' in subsection (a)(5) as it applies to section 5307(d)(1)(D).

misc administrative details omitted

REFERENCES IN TEXT
The Americans with Disabilities Act of 1990, referred to in subsec. (a)(1)(I), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended, which is classified principally to chapter 126 (Sec. 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5307, 5336, 10501 of this title.

49 USC Sec. 31305 Has Changes 01/02/01

TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS

Sec. 31305. General driver fitness and testing

(a) Minimum Standards for Testing and Fitness. - The Secretary of Transportation shall prescribe regulations on minimum standards for testing and ensuring the fitness of an individual operating a commercial motor vehicle. The regulations -

     (1) shall prescribe minimum standards for written and driving tests of an individual operating a commercial motor vehicle;
     (2) shall require an individual who operates or will operate a commercial motor vehicle to take a driving test in a vehicle representative of the type of vehicle the individual operates or will operate;
     (3) shall prescribe minimum testing standards for the operation of a commercial motor vehicle and may prescribe different minimum testing standards for different classes of commercial motor vehicles;
     (4) shall ensure that an individual taking the tests has a working knowledge of -

     (A) regulations on the safe operation of a commercial motor vehicle prescribed by the Secretary and contained in title 49, Code of Federal Regulations; and
     (B) safety systems of the vehicle;

     (5) shall ensure that an individual who operates or will operate a commercial motor vehicle carrying a hazardous material -

(<-- Previous Changes)
     (A) is qualified to operate the vehicle under regulations on motor vehicle transportation of hazardous material prescribed under chapter 51 of this title; ~~and~~ (Pat I)
     (B) has a working knowledge of -

     (i) those regulations;
     (ii) the handling of hazardous material;
     (iii) the operation of emergency equipment used in response to emergencies arising out of the transportation of hazardous material; and
     (iv) appropriate response procedures to follow in those emergencies; and

     (C) is licensed by a State to operate the vehicle after having first been determined under section 5103a of this title as not posing a security risk warranting denial of the license.
(Next Changes->)

     (6) shall establish minimum scores for passing the tests;
     (7) shall ensure that an individual taking the tests is qualified to operate a commercial motor vehicle under regulations prescribed by the Secretary and contained in title 49, Code of Federal Regulations, to the extent the regulations apply to the individual; and
     (8) may require -

     (A) issuance of a certification of fitness to operate a commercial motor vehicle to an individual passing the tests; and
     (B) the individual to have a copy of the certification in the individual's possession when the individual is operating a commercial motor vehicle.

(b) Requirements for Operating Vehicles. -

     (1) Except as provided in paragraph (2) of this subsection, an individual may operate a commercial motor vehicle only if the individual has passed written and driving tests that meet the minimum standards prescribed by the Secretary under subsection (a) of this section to operate the vehicle and has a commercial driver's license to operate the vehicle.
     (2) The Secretary may prescribe regulations providing that an individual may operate a commercial motor vehicle for not more than 90 days if the individual -

     (A) passes a driving test for operating a commercial motor vehicle that meets the minimum standards prescribed under subsection (a) of this section; and
     (B) has a driver's license that is not suspended, revoked, or canceled.

misc administrative details omitted

CDL SCHOOL BUS ENDORSEMENT
Pub. L. 106-159, title II, Sec. 214, Dec. 9, 1999, 113 Stat. 1766, provided that:
"The Secretary shall conduct a rulemaking to establish a special commercial driver's license endorsement for drivers of school buses. The endorsement shall, at a minimum -

''(1) include a driving skills test in a school bus; and
''(2) address proper safety procedures for -

     ''(A) loading and unloading children;
     ''(B) using emergency exits; and
     ''(C) traversing highway rail grade crossings.''

MEDICAL CERTIFICATE
Pub. L. 106-159, title II, Sec. 215, Dec. 9, 1999, 113 Stat. 1767, provided that:
''The Secretary shall initiate a rulemaking to provide for a Federal medical qualification certificate to be made a part of commercial driver's licenses.''

INSULIN TREATED DIABETES MELLITUS
Pub. L. 105-178, title IV, Sec. 4018, June 9, 1998, 112 Stat. 413, provided that:

''(a) Determination. - Not later than 18 months after the date of enactment of this Act (June 9, 1998), the Secretary (of Transportation) shall determine whether a practicable and cost-effective screening, operating, and monitoring protocol could likely be developed for insulin treated diabetes mellitus individuals who want to operate commercial motor vehicles in interstate commerce that would ensure a level of safety equal to or greater than that achieved with the current prohibition on individuals with insulin treated diabetes mellitus driving such vehicles.

''(b) Compilation and Evaluation. - Prior to making the determination in subsection (a), the Secretary shall compile and evaluate research and other information on the effects of insulin treated diabetes mellitus on driving performance. In preparing the compilation and evaluation, the Secretary shall, at a minimum -

     ''(1) consult with States that have developed and are implementing a screening process to identify individuals with insulin treated diabetes mellitus who may obtain waivers to drive commercial motor vehicles in intrastate commerce;
     ''(2) evaluate the Department's policy and actions to permit certain insulin treated diabetes mellitus individuals who meet selection criteria and who successfully comply with the approved monitoring protocol to operate in other modes of transportation;
     ''(3) assess the possible legal consequences of permitting insulin treated diabetes mellitus individuals to drive commercial motor vehicles in interstate commerce;
     ''(4) analyze available data on the safety performance of diabetic drivers of motor vehicles;
     ''(5) assess the relevance of intrastate driving and experiences of other modes of transportation to interstate commercial motor vehicle operations; and
     ''(6) consult with interested groups knowledgeable about diabetes and related issues.

''(c) Report to Congress. - If the Secretary determines that no protocol described in subsection (a) could likely be developed, the Secretary shall report to Congress the basis for such determination.

''(d) Initiation of Rulemaking. - If the Secretary determines that a protocol described in subsection (a) could likely be developed, the Secretary shall report to Congress a description of the elements of such protocol and shall promptly initiate a rulemaking proceeding to implement such protocol.''

PERFORMANCE-BASED CDL TESTING
Pub. L. 105-178, title IV, Sec. 4019, June 9, 1998, 112 Stat. 414, provided that:

''(a) Review. - Not later than 1 year after the date of enactment of this Act (June 9, 1998), the Secretary (of Transportation) shall complete a review of the procedures established and implemented by States under section 31305 of title 49, United States Code, to determine if the current system for testing is an accurate measure and reflection of an individual's knowledge and skills as an operator of a commercial motor vehicle and to identify methods to improve testing and licensing standards, including identifying the benefits and costs of a graduated licensing system.

''(b) Regulations. - The Secretary may issue regulations under section 31305 of title 49, United States Code, reflecting the results of the review.''

DRIVER FATIGUE
Pub. L. 105-178, title IV, Sec. 4021, June 9, 1998, 112 Stat. 414, provided that:

''(a) Technologies To Reduce Fatigue of Commercial Motor Vehicle Operators. -

     ''(1) Development of technologies. - As part of the activities of the Secretary (of Transportation) relating to the fatigue of commercial motor vehicle operators, the Secretary shall encourage the research, development, and demonstration of technologies that may aid in reducing such fatigue.
     ''(2) Matters to be taken into account. - In carrying out paragraph (1), the Secretary shall take into account -

     ''(A) the degree to which the technology will be cost efficient;
     ''(B) the degree to which the technology can be effectively used in diverse climatic regions of the Nation; and
     ''(C) the degree to which the application of the technology will further emissions reductions, energy conservation, and other transportation goals.

     ''(3) Funding. - The Secretary may use amounts made available under section 5001(a)(2) of this Act (112 Stat. 419).

''(b) Nonsedating Medications. - The Secretary shall review available information on the effects of medications (including antihistamines) on driver fatigue, awareness, and performance and shall consider encouraging, if appropriate, the use of nonsedating medications (including nonsedating antihistamines) as a means of reducing the adverse effects of the use of other medications by drivers.''

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 521, 31301, 31308, 31311 of this title.

49 USC Sec. 44727 Proposed by Patriot II Not Yet Enacted

(<-- Previous Changes)
(<-- Previous Patriot II Changes)
Sec. 44727. Suspension, revocation, and denial of certificates for civil aviation or national security reasons

(a) Suspension of Certificate. --

     (1) Notification of Initial Threat Determination. -- The Under Secretary of Transportation for Security or designee shall notify the Administrator of the Federal Aviation Administration of the identity of

     (A) any holder of a certificate issued by the Administrator under this chapter on whom the Under Secretary or designee has served an initial determination that the certificate holder poses a threat to civil aviation or national security; or
     (B) any holder of a certificate issued by the Administrator under this chapter on whom the Under Secretary or designee has served an initial determination that an individual who has a controlling or ownership interest in the certificate holder poses a threat to civil aviation or national security by virtue of that interest.

     (2) Suspension. -- The Administrator of the Federal Aviation Administration shall issue an order suspending any certificate identified by the Under Secretary or designee pursuant to paragraph (1)(A) or (B). The Administrator's order of suspension shall be immediately effective and remain effective until --

     (A) the Administrator withdraws the order; or
     (B) the Administrator issues an order revoking the certificate.

     The Administrator's order of suspension is not subject to administrative or judicial review.

     (3) Opportunity to Respond to Initial Threat determination. --
The Under Secretary or designee shall afford certificate holders and persons with a controlling or ownership interest identified in paragraph (1)(A) or (B) notice and an opportunity to respond to an initial determination that the certificate holders or persons pose a threat to civil aviation or national security prior to the issuance of a final threat determination.

     (4) Judicial Review of Initial Threat Determination. -- The initial determination by the Under Secretary or designee that a certificate holder or person with a controlling or ownership interest identified in subsection (a)(1)(A) or (B) poses a threat to civil aviation or national security is not subject to judicial review.

(b) Revocation of Certificate. --

     (1) Notification of Final Threat Assessment. -- The Under Secretary or designee shall notify the Administrator of the identity of any certificate holder described in subsection (a)(1)(A) or (B) on whom

     (A) a withdrawal of initial threat determination has been served; or
     (B) a final threat determination has been served.

     The Under Secretary or designee must issue either a withdrawal or final threat determination within 60 days of the notification of initial threat determination.

     (2) Revocation. -- The Administrator shall issue an order revoking the certificate held by a certificate holder described in subsection (a)(1)(A) or (B) on whom the Under Secretary or designee has served a final determination that the certificate holder poses a threat to civil aviation or national security or that a person who has a controlling or ownership interest in the certificate holder poses a threat to civil aviation or national security by virtue of that interest. The Administrator's order of revocation shall be immediately effective.

     (3) Review of Final Threat Determination and Order of Revocation --

     (A) A final threat determination by the Under Secretary or designee or an order of revocation issued by the Administrator with regard to a person who is neither a citizen nor permanent resident alien of the United States is not subject to administrative or judicial review.
     (B) A person who is a citizen or permanent resident alien of the United States disclosing a substantial interest in a final threat determination by the Under Secretary or designee under paragraph (1) and an order of revocation issued by the Administrator under paragraph (2) may seek review of those actions by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides. The petition for review must be filed not later than 30 days after the issuance of the order of revocation. The court may allow the petition to be filed after the 30th day only if there are reasonable grounds for not filing by the 30th day. The court's review is limited to determining whether it was arbitrary, capricious, or otherwise not according to law for the Under Secretary to make the final threat determination and for the Administrator to issue the order of revocation.
     (C) In any judicial review of the Under Secretary's determination and the Administrator's order under paragraphs (1) and (2), if the actions were based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) or sensitive security information (as defined in regulations issued under section 40119(b) of this title) such information may be submitted to the reviewing court ex parte and in camera.

(d) Denial of Certificate. --

     (1) Notification of Threat Determination. -- The Under Secretary or designee shall notify the Administrator of the identity of

     (A) any person on whom the Under Secretary or designee has served an initial or final determination that the person poses a threat to civil aviation or national security; or
     (B) any entity on whom the Under Secretary or designee has served an initial or final determination that a person who has a controlling or ownership interest in the entity poses a threat to civil aviation or national security by virtue of that interest.

     (2) Denial.--The Administrator may not issue a certificate to any person or entity identified in paragraph (1) unless the Under Secretary or designee has withdrawn a determination that the person poses a threat. A denial of certificate based on an initial threat determination is not subject to administrative or judicial review.
     (3) Opportunity to Respond to initial Threat determination. -- The Under Secretary or designee shall afford applicants for certificates and persons with a controlling or ownership interest identified in paragraph (1)(A) or (B) notice and an opportunity to respond to an initial determination that an applicant for a certificate or person with a controlling or ownership interest in an applicant poses a threat to civil aviation or national security prior to the issuance of a final determination of threat assessment.
     (4) Review of Initial Threat Determination. -- The initial determination by the Under Secretary or designee that an applicant for a certificate or person with a controlling ownership interest in an applicant poses a threat to civil aviation or national security is not subject to judicial review.
     (5) Review of Final Threat Determination and Certificate Denial. --

     (A) A final threat determination by the Under Secretary or designee and the denial of certificate by the Administrator under this subsection with regard to person who is not a citizen or resident alien of the United States is not subject to administrative or judicial review.
     (B) A citizen or permanent resident alien of the United States may seek review of a final threat determination by the Under Secretary or designee and denial by the Administrator under this subsection by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides. The petition for review must be filed no later than the 30th day after the issuance of the denial. The court may allow the petition to be filed after the 30th day only if there are reasonable grounds for not filing by the 30th day. The court's review is limited to determining whether it was arbitrary, capricious, or otherwise not according to law for the Under Secretary to make the final threat determination and for the Administrator to deny a certificate.
     (C) In any judicial review of the Under Secretary's final threat determination and the Administrator's denial, if the actions were based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) or sensitive security information (as defined in regulations issued under section 40119(b) of this title) such information may be submitted to the reviewing court ex parte and in camera.

(e) Coordination with the Attorney General -- Nothing in this section is intended to alter any provisions in section 44939 of this title. The Under Secretary shall coordinate any request to the Administrator of the Federal Aviation Administration under this section with the Attorney General on matters within the Attorney General's jurisdiction under section 44939.
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(Next Patriot II Changes->)

49 USC Sec. 46501 01/02/01

TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart iv - enforcement and penalties
CHAPTER 465 - SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES

Sec. 46501. Definitions

In this chapter -

(1) ''aircraft in flight'' means an aircraft from the moment all external doors are closed following boarding -

(A) through the moment when one external door is opened to allow passengers to leave the aircraft; or
(B) until, if a forced landing, competent authorities take over responsibility for the aircraft and individuals and property on the aircraft.

(2) ''special aircraft jurisdiction of the United States'' includes any of the following aircraft in flight:

     (A) a civil aircraft of the United States.
     (B) an aircraft of the armed forces of the United States.
     (C) another aircraft in the United States.
     (D) another aircraft outside the United States -

     (i) that has its next scheduled destination or last place of departure in the United States, if the aircraft next lands in the United States;
     (ii) on which an individual commits an offense (as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft) if the aircraft lands in the United States with the individual still on the aircraft; or
     (iii) against which an individual commits an offense (as defined in subsection (d) or (e) of article I, section I of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation) if the aircraft lands in the United States with the individual still on the aircraft.

     (E) any other aircraft leased without crew to a lessee whose principal place of business is in the United States or, if the lessee does not have a principal place of business, whose permanent residence is in the United States.

(3) an individual commits an offense (as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft) when the individual, when on an aircraft in flight -

(A) by any form of intimidation, unlawfully seizes, exercises control of, or attempts to seize or exercise control of, the aircraft; or
(B) is an accomplice of an individual referred to in subclause (A) of this clause.

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

historical notes omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 18 sections 31, 112, 831, 878, 1116, 1201, 2318, 2340.

49 USC Sec. 46502 01/02/01

Sec. 46502. Aircraft piracy

(a) In Special Aircraft Jurisdiction. -

     (1) In this subsection -

     (A) ''aircraft piracy'' means seizing or exercising control of an aircraft in the special aircraft jurisdiction of the United States by force, violence, threat of force or violence, or any form of intimidation, and with wrongful intent.
     (B) an attempt to commit aircraft piracy is in the special aircraft jurisdiction of the United States although the aircraft is not in flight at the time of the attempt if the aircraft would have been in the special aircraft jurisdiction of the United States had the aircraft piracy been completed.

     (2) An individual committing or attempting or conspiring to commit aircraft piracy -

     (A) shall be imprisoned for at least 20 years; or
     (B) notwithstanding section 3559(b) of title 18, if the death of another individual results from the commission or attempt, shall be put to death or imprisoned for life.

(b) Outside Special Aircraft Jurisdiction. -

     (1) An individual committing or conspiring to commit an offense (as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft) on an aircraft in flight outside the special aircraft jurisdiction of the United States -

     (A) shall be imprisoned for at least 20 years; or
     (B) notwithstanding section 3559(b) of title 18, if the death of another individual results from the commission or attempt, shall be put to death or imprisoned for life.

     (2) There is jurisdiction over the offense in paragraph (1) if -

     (A) a national of the United States was aboard the aircraft;
     (B) an offender is a national of the United States; or
     (C) an offender is afterwards found in the United States.

     (3) For purposes of this subsection, the term ''national of the United States'' has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

misc administrative details omitted

AIRCRAFT PIRACY
The United States is a party to the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague, Dec. 16, 1970, entered into force as to the United States, Oct. 14, 1971, 22 UST 1641.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 44903, 46302, 46507 of this title;
title 18 sections 1956, 2332b, 2333, 2339A, 2516, 3286, 3559, 3592, 3663.

49 USC Sec. 46504 Has Changes 01/02/01

Sec. 46504. Interference with flight crew members and attendants

(<-- Previous Changes)
An individual on an aircraft in the special aircraft jurisdiction of the United States who, by assaulting or intimidating a flight crew member or flight attendant of the aircraft, interferes with the performance of the duties of the member or attendant or lessens the ability of the member or attendant to perform those duties, or attempts or conspires to do such an act, shall be fined under title 18, imprisoned for not more than 20 years, or both. However, if a dangerous weapon is used in assaulting or intimidating the member or attendant, the individual shall be imprisoned for any term of years or for life.
(Next Changes->)

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1244.)

historical notes omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 46302, 46507 of this title;
title 18 sections 3286, 3663.

49 USC Sec. 46505 Has Changes 01/02/01

Sec. 46505. Carrying a weapon or explosive on an aircraft

(a) Definition. - In this section, ''loaded firearm'' means a starter gun or a weapon designed or converted to expel a projectile through an explosive, that has a cartridge, a detonator, or powder in the chamber, magazine, cylinder, or clip.

(b) General Criminal Penalty. -
An individual shall be fined under title 18, imprisoned for not more than 10 years, or both, if the individual -

     (1) when on, or attempting to get on, an aircraft in, or intended for operation in, air transportation or intrastate air transportation, has on or about the individual or the property of the individual a concealed dangerous weapon that is or would be accessible to the individual in flight;
     (2) has placed, attempted to place, or attempted to have placed a loaded firearm on that aircraft in property not accessible to passengers in flight; or
     (3) has on or about the individual, or has placed, attempted to place, or attempted to have placed on that aircraft, an explosive or incendiary device.

(<-- Previous Changes)
An individual who willfully and without regard for the safety of human life, or with reckless disregard for the safety of human life, violates subsection (b) of this section, shall be fined under title 18, imprisoned for not more than 15 20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.

(d) Nonapplication. - Subsection (b)(1) of this section does not apply to -

     (1) a law enforcement officer of a State or political subdivision of a State, or an officer or employee of the United States Government, authorized to carry arms in an official capacity;
     (2) another individual the Administrator of the Federal Aviation Administration by regulation authorizes to carry a dangerous weapon in air transportation or intrastate air transportation; or
     (3) an individual transporting a weapon (except a loaded firearm) in baggage not accessible to a passenger in flight if the air carrier was informed of the presence of the weapon.
Note: cf Public Law 107-71, pilots permitted to carry guns onboard under certain circumstances; although it doesn't edit this section specifically.

(e) CONSPIRACY- If two or more persons conspire to violate subsection (b) or (c), and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in such subsection.
(Next Changes->)

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 46302, 46507 of this title;
title 18 sections 2333, 3286.

49 USC Sec. 46506 01/02/01

Sec. 46506. Application of certain criminal laws to acts on aircraft

An individual on an aircraft in the special aircraft jurisdiction of the United States who commits an act that -

(1) if committed in the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18) would violate section 113, 114, 661, 662, 1111, 1112, 1113, or 2111 or chapter 109A of title 18, shall be fined under title 18, imprisoned under that section or chapter, or both; or

(2) if committed in the District of Columbia would violate section 9 of the Act of July 29, 1892 (D.C. Code Sec. 22-1112), shall be fined under title 18, imprisoned under section 9 of the Act, or both.

misc administrative details omitted

REFERENCES IN TEXT
Section 9 of the Act of July 29, 1892, referred to in par. (2), is section 9 of act July 29, 1892, ch. 320, 27 Stat. 324, as amended, which is not classified to the Code.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 46302, 46507 of this title;
title 18 sections 2333, 3286.

49 USC Sec. 60123 Has Changes 01/02/01

TITLE 49 - TRANSPORTATION
SUBTITLE VIII - PIPELINES
CHAPTER 601 - SAFETY

Sec. 60123. Criminal penalties

(<-- Previous Changes)
(a) General Penalty. -
A person knowingly and willfully violating section 60114(c), (FOOTNOTE 1) 60118(a), or 60128 of this title or a regulation prescribed or order issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both.
(FOOTNOTE 1) See References in Text note below.

(b) Penalty for Damaging or Destroying Facility. -
A person knowingly and willfully damaging or destroying, ~~or attempting to damage or destroy,~~ (Pat I) an interstate gas pipeline facility or interstate hazardous liquid pipeline facility, or attempting or conspiring to do such an act, shall be fined under title 18, imprisoned for not more than 15 20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.
(Next Changes->)

(c) Penalty for Damaging or Destroying Sign. -
A person knowingly and willfully defacing, damaging, removing, or destroying a pipeline sign or right-of-way marker required by a law or regulation of the United States shall be fined under title 18, imprisoned for not more than one year, or both.

(d) Penalty for Not Using One-Call Notification System or Not Heeding Location Information or Markings. -
A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person knowingly and willfully -

     (1) engages in an excavation activity -

     (A) without first using an available one-call notification system to establish the location of underground facilities in the excavation area; or
     (B) without paying attention to appropriate location information or markings the operator of a pipeline facility establishes; and

     (2) subsequently damages -

     (A) a pipeline facility that results in death, serious bodily harm, or actual damage to property of more than $50,000;
     (B) a pipeline facility that does not report the damage promptly to the operator of the pipeline facility and to other appropriate authorities; or
     (C) a hazardous liquid pipeline facility that results in the release of more than 50 barrels of product.

misc administrative details omitted

REFERENCES IN TEXT
Section 60114(c) of this title, referred to in subsec. (a), was redesignated section 60114(b) by Pub. L. 104-304, Sec. 20(d), Oct. 12, 1996, 110 Stat. 3804.

amendment details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 60108 of this title;
title 18 sections 2332b, 2516.

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