49 U.S.C. § 46302

False information

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(a)Civil Penalty.—A person that, knowing the information to be false, gives, or causes to be given, under circumstances in which the information reasonably may be believed, false information about an alleged attempt being made or to be made to do an act that would violate section 46502(a), 46504, 46505, or 46506 of this title, is liable to the United States Government for a civil penalty of not more than $10,000 for each violation.(b)Compromise and Setoff.—(1) The Secretary of Homeland Security and, for a violation relating to section 46504, the Secretary of Transportation, may compromise the amount of a civil penalty imposed under subsection (a) of this section.(2) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1234; Pub. L. 108–458, title IV, § 4027(b), Dec. 17, 2004, 118 Stat. 3727.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46302(a)	49 App.:1471(c).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 901(c); added Oct. 12, 1984, Pub. L. 98–473, § 2014(a)(1), 98 Stat. 2189.
46302(b)	49 App.:1471(a)(2) (related to 1471(c)).	Aug. 23, 1958, Pub. L. 85–726, § 901(a)(2) (related to § 901(c)), 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; Oct. 12, 1984, Pub. L. 98–473, § 2014(b), 98 Stat. 2189.
	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.

In subsection (a), the words “gives, or causes to be given” are substituted for “imparts or conveys or causes to be imparted or conveyed” to eliminate unnecessary words. The words “attempt or”, “a crime”, and “which shall be recoverable in a civil action brought in the name of the United States” are omitted as surplus.

In subsection (b)(1), the words “imposed under” are substituted for “provided for in” for consistency.

In subsection (b)(2), the words “imposed or compromised” are substituted for “The amount of such penalty when finally determined or fixed by order of the Board, or the amount agreed upon in compromise” to eliminate unnecessary words.

Editorial NotesAmendments

2004—Subsec. (b)(1). Pub. L. 108–458 substituted “Secretary of Homeland Security and, for a violation relating to section 46504, the Secretary of Transportation,” for “Secretary of Transportation”.

Notes of Decisions

Cited in 2 cases, 2009–2015 · leading case: United States v. Gray, 780 F.3d 458 (1st Cir. 2015).

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United States v. Gray, 780 F.3d 458 (1st Cir. 2015). · cites it 3× “Yet, that civil penalty, of course, requires neither "willful" nor "malicious" action, see 49 U.S.C. § 46302 , and the legislative history the majority cites indicates that Congress thought deleting the term "willful" from the civil penalty in the analogous Bomb Hoax Act made a…”

Barker v. Transp. Sec. Admin., 353 F. App'x 450 (1st Cir. 2009). · cites it 6× “Barker alleges that his due process rights were violated by the TSA’s issuance of a “warning notice” to him at the conclusion of its investigation into whether he conveyed a false bomb threat in violation of 49 U.S.C. § 46302 . He asserts that the TSA lacked legal authority to…”

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