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49 U.S.C. § 46306 — Registration violations involving aircraft not providing air transportation
Federal law — U.S. Code and appendices · legal_authorities
**(a) Application.—** This section applies only to aircraft not used to provide air transportation.
**(b) General Criminal Penalty.—** Except as provided by subsection (c) of this section, a person shall be fined under title 18, imprisoned for not more than 3 years, or both, if the person—
(1) knowingly and willfully forges or alters a certificate authorized to be issued under this part;
(2) knowingly sells, uses, attempts to use, or possesses with the intent to use, such a certificate;
(3) knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about the nationality or registration of the aircraft;
(4) obtains a certificate authorized to be issued under this part by knowingly and willfully falsifying or concealing a material fact, making a false, fictitious, or fraudulent statement, or making or using a false document knowing it contains a false, fictitious, or fraudulent statement or entry;
(5) owns an aircraft eligible for registration under [section 44102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44102&num=0&edition=prelim) and knowingly and willfully operates, attempts to operate, or allows another person to operate the aircraft when—
(A) the aircraft is not registered under [section 44103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44103&num=0&edition=prelim) or the certificate of registration is suspended or revoked; or
(B) the owner knows or has reason to know that the other person does not have proper authorization to operate or navigate the aircraft without registration for a period of time after transfer of ownership;
(6) knowingly and willfully operates or attempts to operate an aircraft eligible fo
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Source file: Laws/federal/codes/united-states-code/title-49/section-46306-registration-violations-involving-aircraft-not-providing-air-transportat--51c8e9d483.md
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Source location: Title 49, Chapter 463, § 46306; chapter-463-penalties.md
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**(a) Application.—** This section applies only to aircraft not used to provide air transportation.
**(b) General Criminal Penalty.—** Except as provided by subsection (c) of this section, a person shall be fined under title 18, imprisoned for not more than 3 years, or both, if the person—
(1) knowingly and willfully forges or alters a certificate authorized to be issued under this part;
(2) knowingly sells, uses, attempts to use, or possesses with the intent to use, such a certificate;
(3) knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about the nationality or registration of the aircraft;
(4) obtains a certificate authorized to be issued under this part by knowingly and willfully falsifying or concealing a material fact, making a false, fictitious, or fraudulent statement, or making or using a false document knowing it contains a false, fictitious, or fraudulent statement or entry;
(5) owns an aircraft eligible for registration under [section 44102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44102&num=0&edition=prelim) and knowingly and willfully operates, attempts to operate, or allows another person to operate the aircraft when—
(A) the aircraft is not registered under [section 44103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44103&num=0&edition=prelim) or the certificate of registration is suspended or revoked; or
(B) the owner knows or has reason to know that the other person does not have proper authorization to operate or navigate the aircraft without registration for a period of time after transfer of ownership;
(6) knowingly and willfully operates or attempts to operate an aircraft eligible for registration under [section 44102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44102&num=0&edition=prelim) knowing that—
(A) the aircraft is not registered under [section 44103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44103&num=0&edition=prelim);
(B) the certificate of registration is suspended or revoked; or
(C) the person does not have proper authorization to operate or navigate the aircraft without registration for a period of time after transfer of ownership;
(7) knowingly and willfully serves or attempts to serve in any capacity as an airman without an airman’s certificate authorizing the individual to serve in that capacity;
(8) knowingly and willfully employs for service or uses in any capacity as an airman an individual who does not have an airman’s certificate authorizing the individual to serve in that capacity; or
(9) operates an aircraft with a fuel tank or fuel system that has been installed or modified knowing that the tank, system, installation, or modification does not comply with regulations and requirements of the Administrator of the Federal Aviation Administration.
**(c) Controlled Substance Criminal Penalty.—**
(1) In this subsection, “controlled substance” has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ([21 U.S.C. 802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim)).
(2) A person violating subsection (b) of this section shall be fined under title 18, imprisoned for not more than 5 years, or both, if the violation is related to transporting a controlled substance by aircraft or aiding or facilitating a controlled substance violation and the transporting, aiding, or facilitating—
(A) is punishable by death or imprisonment of more than one year under a law of the United States or a State; or
(B) that is provided is related to an act punishable by death or imprisonment for more than one year under a law of the United States or a State related to a controlled substance (except a law related to simple possession of a controlled substance).
(3) A term of imprisonment imposed under paragraph (2) of this subsection shall be served in addition to, and not concurrently with, any other term of imprisonment imposed on the individual.
**(d) Seizure and Forfeiture.—**
(1) The Administrator of Drug Enforcement or the Commissioner of U.S. Customs and Border Protection may seize and forfeit under the customs laws an aircraft whose use is related to a violation of subsection (b) of this section, or to aid or facilitate a violation, regardless of whether a person is charged with the violation.
(2) An aircraft’s use is presumed to have been related to a violation of, or to aid or facilitate a violation of—
(A) subsection (b)(1) of this section if the aircraft certificate of registration has been forged or altered;
(B) subsection (b)(3) of this section if there is an external display of false or misleading registration numbers or country of registration;
(C) subsection (b)(4) of this section if—
(i) the aircraft is registered to a false or fictitious person; or
(ii) the application form used to obtain the aircraft certificate of registration contains a material false statement;
(D) subsection (b)(5) of this section if the aircraft was operated when it was not registered under [section 44103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44103&num=0&edition=prelim); or
(E) subsection (b)(9) of this section if the aircraft has a fuel tank or fuel system that was installed or altered—
(i) in violation of a regulation or requirement of the Administrator of the Federal Aviation Administration; or
(ii) if a certificate required to be issued for the installation or alteration is not carried on the aircraft.
(3) The Administrator of the Federal Aviation Administration, the Administrator of Drug Enforcement, and the Commissioner shall agree to a memorandum of understanding to establish procedures to carry out this subsection.
**(e) Relationship to State Laws.—** This part does not prevent a State from establishing a criminal penalty, including providing for forfeiture and seizure of aircraft, for a person that—
(1) knowingly and willfully forges or alters an aircraft certificate of registration;
(2) knowingly sells, uses, attempts to use, or possesses with the intent to use, a fraudulent aircraft certificate of registration;
(3) knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about the nationality or registration of the aircraft; or
(4) obtains an aircraft certificate of registration from the Administrator of the Federal Aviation Administration by—
(A) knowingly and willfully falsifying or concealing a material fact;
(B) making a false, fictitious, or fraudulent statement; or
(C) making or using a false document knowing it contains a false, fictitious, or fraudulent statement or entry.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General.—**
(1) On application of the owner of an aircraft that meets the requirements of [section 44102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44102&num=0&edition=prelim), the Administrator of the Federal Aviation Administration shall—
(A) register the aircraft; and
(B) issue a certificate of registration to its owner.
(2) The Administrator may prescribe the extent to which an aircraft owned by the holder of a dealer’s certificate of registration issued under [section 44104(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44104/2&num=0&edition=prelim) also is registered under this section.
**(b) Controlled Substance Violations.—**
(1) The Administrator may not issue an owner’s certificate of registration under subsection (a)(1) of this section to a person whose certificate is revoked under [section 44106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44106&num=0&edition=prelim) during the 5-year period beginning on the date of the revocation, except—
(A) as provided in [section 44106(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44106/e/2&num=0&edition=prelim); or
(B) that the Administrator may issue the certificate to the person after the one-year period beginning on the date of the revocation if the Administrator decides that the aircraft otherwise meets the requirements of [section 44102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44102&num=0&edition=prelim) and that denial of a certificate for the 5-year period—
(i) would be excessive considering the nature of the offense or the act committed and the bur
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44103
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policy.—** It is in the national interest—
(1) to encourage and promote the safe and efficient management, operation, and development of resilient surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas and better connect housing and employment, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and
(2) to encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 5304(d).
**(b) Definitions.—** In this section and section 5304, the following definitions apply:
(1) **Metropolitan planning area.—** — The term “metropolitan planning area” means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e).
(2) **Metropolitan planning organization.—** — The term “metropolitan planning organization” means the policy board of an organization established as a result of the designation process under subsection (d).
(3) **Nonmetropolitan area.—** — The term “nonmetropolitan area” means a geographic area outside designated metropolitan planning areas.
(4) **Nonmetropolitan local official.—** — The term “nonmetropolitan local official” means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation.
(5) **Regional transportation planning orga
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5303
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility.—** An aircraft may be registered under [section 44103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44103&num=0&edition=prelim) only when the aircraft is—
(1) not registered under the laws of a foreign country and is owned by—
(A) a citizen of the United States;
(B) an individual citizen of a foreign country lawfully admitted for permanent residence in the United States; or
(C) a corporation not a citizen of the United States when the corporation is organized and doing business under the laws of the United States or a State, and the aircraft is based and primarily used in the United States; or
(2) an aircraft of—
(A) the United States Government; or
(B) a State, the District of Columbia, a territory or possession of the United States, or a political subdivision of a State, territory, or possession.
**(b) Duty To Define Certain Term.—** In carrying out subsection (a)(1)(C) of this section, the Secretary of Transportation shall define “based and primarily used in the United States”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under [section 188(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section188/c/2&num=0&edition=prelim). Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism.
**(b) Laboratory described** The laboratory described in this subsection is the laboratory—
(1) known, as of December 27, 2021, as the National Urban Security Technology Laboratory; and
(2) transferred to the Department pursuant to [section 183(1)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section183/1/E&num=0&edition=prelim).
**(c) Laboratory activities** The National Urban Security Technology Laboratory shall—
(1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers;
(2) act as a technical advisor to emergency response providers; and
(3) carry out other such activities as the Secretary determines appropriate.
**(d) Rule of construction** Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 211
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction.
(2) The term “administer” refers to the direct application of a controlled substance to the body of a patient or research subject by—
(A) a practitioner (or, in his presence, by his authorized agent), or
(B) the patient or research subject at the direction and in the presence of the practitioner,
whether such application be by injection, inhalation, ingestion, or any other means.
(3) The term “agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier’s or warehouseman’s business.
(4) The term “Drug Enforcement Administration” means the Drug Enforcement Administration in the Department of Justice.
(5) The term “control” means to add a drug or other substance, or immediate precursor, to a schedule under part B of this subchapter, whether by transfer from another schedule or otherwise.
(6) The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986.
(7) The term “counterfeit substance” means a controlled substance which, or the container or labelin
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 802
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Federal law — U.S. Code and appendices · legal_authorities
Page 782
TITLE 21—FOOD AND DRUGS
§ 801a
ing it into counterfeit opioid pills. Because fentanyl is
lethal in even miniscule doses, this is an extremely
deadly tactic, as it too often causes users to ingest a
fatal amount unknowingly.
SEC. 2. Agency Action. The Secretary of Health and
Human Services shall, consistent with section 319 of
the Public Health Service Act, 42 U.S.C. 247d, consider
declaring that the drug demand and opioid crisis de-
scribed in section 1 of this memorandum constitutes a
Public Health Emergency. Additionally, the heads of
executive departments and agencies, as appropriate and
consistent with law, shall exercise all appropriate
emergency authorities, as well as other relevant au-
thorities, to reduce the number of deaths and minimize
the devastation the drug demand and opioid crisis in-
flicts upon American communities.
SEC. 3. General Provisions. (a) Nothing in this memo-
randum shall be construed to impair or otherwise af-
fect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This memorandum shall be implemented con-
sistent with applicable law and subject to the avail-
ability of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or proce-
dural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) The Secretary of Health and Human Services is
hereby authorized and directed to publish this memo-
randum in the Federal Register.
DONALD J. TRUMP.
§ 801a
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 802
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Federal law — U.S. Code and appendices · legal_authorities
Page 1554
TITLE 49—TRANSPORTATION
§ 46305
Federal Aviation Administration’’ for ‘‘or the Adminis-
trator of the Federal Aviation Administration with re-
spect to aviation safety duties and powers designated
to be carried out by the Administrator’’.
2003—Subsec. (a). Pub. L. 108–176 struck out ‘‘, (2), or
(3)’’ after ‘‘section 46301(a)(1)(A)–(C)’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fis-
cal years beginning after Sept. 30, 2003, except as other-
wise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
§ 46305. Actions to recover civil penalties
A civil penalty under this chapter may be col-
lected by bringing a civil action against the per-
son subject to the penalty, a civil action in rem
against an aircraft subject to a lien for a pen-
alty, or both. The action shall conform as nearly
as practicable to a civil action in admiralty, re-
gardless of the place an aircraft in a civil action
in rem is seized. However, a party may demand
a jury trial of an issue of fact in an action in-
volving a civil penalty under this chapter (ex-
cept a penalty imposed by the Secretary of
Transportation that formerly was imposed by
the Civil Aeronautics Board) if the value of the
matter in controversy is more than $20. Issues of
fact tried by a jury may be reexamined only
under common law rules.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1235.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
46305 ..........
49 App.:1473(b)(1).
Aug. 23, 1958, Pub. L. 85–726,
§ 903(b)(1),
72
Stat.
786;
Oct.
24,
1978,
Pub.
L.
95–504, § 36, 92 Stat. 1741.
49 App.:1473(b)(4).
Aug. 23
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 46306
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.