2021 US Code
Title 49 - Transportation
Subtitle VII - Aviation Programs
Part A - Air Commerce and Safety
Subpart iv - Enforcement and Penalties
Chapter 463 - Penalties
Sec. 46313 - Refusing to appear or produce records

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Citation 49 U.S.C. § 46313 (2021)
Section Name §46313. Refusing to appear or produce records
Section Text

A person not obeying a subpoena or requirement of the Secretary of Transportation (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) to appear and testify or produce records shall be fined under title 18, imprisoned for not more than one year, or both.

Source Credit

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1239; Pub. L. 107–71, title I, §140(d)(7), Nov. 19, 2001, 115 Stat. 642; Pub. L. 115–254, div. K, title I, §1991(g)(4), Oct. 5, 2018, 132 Stat. 3644.)

Editorial Notes
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
46313 49 App.:1472(g). Aug. 23, 1958, Pub. L. 85–726, §902(g), 72 Stat. 785.
  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.
  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.

The word "Administrator" in section 902(g) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 785) is retained on authority of 49:106(g). The words "not obeying" are substituted for "who shall neglect or refuse . . . or to answer any lawful inquiry . . . in obedience to" to eliminate surplus words. The word "lawful" is omitted as surplus. The word "appear" is substituted for "attend" for clarity. The word "records" is substituted for "books, papers, or documents" for consistency in the revised title and with other titles of the United States Code. The words "if in his power to do so" are omitted as surplus. The words "shall be guilty of a misdemeanor" are omitted for consistency with title 18. The words "and, upon conviction thereof" are omitted as surplus. The words "fined under title 18" are substituted for "a fine of not less than $100 nor more than $5,000" for consistency with title 18.


EDITORIAL NOTES AMENDMENTS

2018—Pub. L. 115–254 substituted "subpoena" for "subpena" and "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 of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator".

2001—Pub. L. 107–71 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".

Publication Title United States Code, 2018 Edition, Supplement 3, Title 49 - TRANSPORTATION
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart iv - enforcement and penalties
CHAPTER 463 - PENALTIES
Sec. 46313 - Refusing to appear or produce records
Contains section 46313
Date 2021
Laws In Effect As Of Date January 3, 2022
Positive Law Yes
Disposition standard
Statutes at Large References 72 Stat. 731, 785
80 Stat. 938
96 Stat. 2444
98 Stat. 1704
108 Stat. 1239
115 Stat. 642
132 Stat. 3644
Public Law References Public Law 85-726, Public Law 89-670, Public Law 97-449, Public Law 98-443, Public Law 103-272, Public Law 107-71, Public Law 115-254
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