49 U.S.C. § 46501 — Definitions

Page 1562 TITLE 49—TRANSPORTATION § 46320 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically pro- vided, see section 3 of Pub. L. 108–176, set out as an Ef- fective Date of 2003 Amendment note under section 106 of this title. § 46320. Interference with wildfire suppression, law enforcement, or emergency response ef- fort by operation of unmanned aircraft (a) IN GENERAL.—Except as provided in sub- section (b), an individual who operates an un- manned aircraft and in so doing knowingly or recklessly interferes with a wildfire suppression, law enforcement, or emergency response effort is liable to the United States Government for a civil penalty of not more than $20,000. (b) EXCEPTIONS.—This section does not apply to the operation of an unmanned aircraft con- ducted by a unit or agency of the United States Government or of a State, tribal, or local gov- ernment (including any individual conducting such operation pursuant to a contract or other agreement entered into with the unit or agency) for the purpose of protecting the public safety and welfare, including firefighting, law enforce- ment, or emergency response. (c) COMPROMISE AND SETOFF.— (1) COMPROMISE.—The United States Govern- ment may compromise the amount of a civil penalty imposed under this section. (2) SETOFF.—The United States Government may deduct the amount of a civil penalty im- posed or compromised under this section from the amounts the Government owes the person liable for the penalty. (d) DEFINITIONS.—In this section, the following definitions apply: (1) WILDFIRE.—The term ‘‘wildfire’’ has the meaning given that term in section 2 of the Emergency Wildfire Suppression Act (42 U.S.C. 1856m). (2) WILDFIRE SUPPRESSION.—The term ‘‘wild- fire suppression’’ means an effort to contain, extinguish, or suppress a wildfire. (Added Pub. L. 114–190, title II, § 2205(a), July 15, 2016, 130 Stat. 630.) CHAPTER 465—SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES Sec. 46501. Definitions. 46502. Aircraft piracy. 46503. Interference with security screening per- sonnel. 46504. Interference with flight crew members and attendants. 46505. Carrying a weapon or explosive on an air- craft. 46506. Application of certain criminal laws to acts on aircraft. 46507. False information and threats. Editorial Notes AMENDMENTS 2018—Pub. L. 115–254, div. B, title V, § 539(m), div. K, title I, § 1991(h)(2), Oct. 5, 2018, 132 Stat. 3371, 3645, made identical amendments, striking out item 46503 ‘‘Re- pealed’’. 2001—Pub. L. 107–71, title I, § 114(b), Nov. 19, 2001, 115 Stat. 623, added item 46503 ‘‘Interference with security screening personnel’’. 1994—Pub. L. 103–322, title VI, § 60003(b)(1), Sept. 13, 1994, 108 Stat. 1970, substituted ‘‘Repealed’’ for ‘‘Death penalty sentencing procedure for aircraft piracy’’ in item 46503. § 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 exter- nal 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 destina- tion or last place of departure in the United States, if the aircraft next lands in the United States; (ii) on which an individual commits an offense (as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft) if the aircraft lands in the United States with the individual still on the air- craft; or (iii) against which an individual com- mits an offense (as defined in subsection (d) or (e) of article I, section I of the Con- vention 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 de- fined in the Convention for the Suppression of Unlawful Seizure of Aircraft) when the indi- vidual, when on an aircraft in flight— (A) by any form of intimidation, unlaw- fully seizes, exercises control of, or attempts to seize or exercise control of, the aircraft; or (B) is an accomplice of an individual re- ferred to in subclause (A) of this clause. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1240.) Page 1563 TITLE 49—TRANSPORTATION § 46502 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 46501(1) ...... 49 App.:1301(38) (words after 10th comma). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 101(38); added Oct. 14, 1970, Pub. L. 91–449, § 1(1), 84 Stat. 921; restated Aug. 5, 1974, Pub. L. 93–366, §§ 102, 206, 88 Stat. 409, 419; Nov. 9, 1977, Pub. L. 95–163, § 17(b)(1), 91 Stat. 1286; Oct. 24, 1978, Pub. L. 95–504, § 2(b), 92 Stat. 1705; Oct. 12, 1984, Pub. L. 98–473, § 2013(c), 98 Stat. 2189. 49 App.:1472(n)(4). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 902(n)(2), (4); added Aug. 5, 1974, Pub. L. 93–366, § 103(b), 88 Stat. 410, 411. 46501(2) ...... 49 App.:1301(38) (words before 10th comma). 46501(3) ...... 49 App.:1472(n)(2). In clause (2), before subclause (A), the words ‘‘any of the following’’ are substituted for ‘‘includes’’ for clar- ity. In subclause (B), the words ‘‘armed forces’’ are sub- stituted for ‘‘national defense forces’’ because of 10:101. In subclause (D)(i), the word ‘‘place’’ is substituted for ‘‘point’’ for consistency in the revised title. The word ‘‘actually’’ is omitted as surplus. In subclause (D)(ii), the words ‘‘on which an individual commits’’ are sub- stituted for ‘‘having . . . committed aboard’’ for clar- ity. In subclause (D)(iii), the words ‘‘against which an individual commits’’ are substituted for ‘‘regarding which an offense . . . is committed’’ for clarity. The words ‘‘(Montreal, September 23, 1971)’’ are omitted as surplus. In subclause (E), the words ‘‘the lessee does not have a principal place of business’’ are substituted for ‘‘none’’ for clarity. In clause (3), the words ‘‘by force or threat thereof, or . . . other’’ are omitted as surplus. § 46502. Aircraft piracy (a) IN SPECIAL AIRCRAFT JURISDICTION.—(1) In this subsection— (A) ‘‘aircraft piracy’’ means seizing or exer- cising control of an aircraft in the special air- craft 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 air- craft would have been in the special aircraft jurisdiction of the United States had the air- craft 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 Air- craft) 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 Immigra- tion and Nationality Act (8 U.S.C. 1101(a)(22)). (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1241; Pub. L. 103–429, § 6(61), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–132, title VII, §§ 721(a), 723(b), Apr. 24, 1996, 110 Stat. 1298, 1300.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 46502(a)(1) .. 49 App.:1472(i)(2), (3). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 902(i); added Sept. 5, 1961, Pub. L. 87–197, § 1, 75 Stat. 466; Oct. 14, 1970, Pub. L. 91–449, § 1(3), 84 Stat. 921; Aug. 5, 1974, Pub. L. 93–366, §§ 103(a), 104, 88 Stat. 410, 411. 46502(a)(2) .. 49 App.:1472(i)(1). 46502(b)(1) .. 49 App.:1472(n)(1). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 902(n)(1), (3); added Aug. 5, 1974, Pub. L. 93–366, § 103(b), 88 Stat. 410. 46502(b)(2) .. 49 App.:1472(n)(3). In subsection (a)(1)(B), the words ‘‘offense of’’ are omitted as surplus. In subsection (a)(2), the words ‘‘as herein defined’’ are omitted as surplus. In subsection (b)(2), the words ‘‘the place of actual’’ are omitted as surplus. The words ‘‘as defined in para- graph (2) of this subsection’’ are omitted because of the restatement. The word ‘‘country’’ is substituted for ‘‘State’’ for consistency in the revised title and with other titles of the United States Code. PUB. L. 103–429 This amends 49:46502(a)(2)(B) and (b)(1)(B) to clarify the restatement of 49 App.:1472(i)(1)(B) and (n)(1)(B) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1241, 1242). Editorial Notes AMENDMENTS 1996—Subsec. (a)(2). Pub. L. 104–132, § 723(b)(1), in- serted ‘‘or conspiring’’ after ‘‘attempting’’. Subsec. (b)(1). Pub. L. 104–132, §§ 721(a)(1), 723(b)(2), in introductory provisions, inserted ‘‘or conspiring to commit’’ after ‘‘committing’’ and struck out ‘‘and later found in the United States’’ after ‘‘jurisdiction of the United States’’. Subsec. (b)(2). Pub. L. 104–132, § 721(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘This subsection applies only if the place of take- off or landing of the aircraft on which the individual commits the offense is located outside the territory of the country of registration of the aircraft.’’ Subsec. (b)(3). Pub. L. 104–132, § 721(a)(3), added par. (3). 1994—Subsecs. (a)(2)(B), (b)(1)(B). Pub. L. 103–429 in- serted ‘‘notwithstanding section 3559(b) of title 18,’’ be- fore ‘‘if the death’’.