Page:United States Statutes at Large Volume 100 Part 4.djvu/380

 100 STAT. 3207-101

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PUBLIC LAW 99-570—OCT. 27, 1986

"(4) A person who, in connection with transportation described in paragraph (2), operates an aircraft on which a fuel tank or fuel system has been installed or modified and does not carry aboard the aircraft any certificate required to be issued by the Administrator for such installation or modification shall be presumed to have violated subparagraph (F) of paragraph (1). "(5) In the case of a violation of subparagraph (F) of paragraph (1), the fuel tank or fuel system and the aircraft involved shall be subject to seizure and forfeiture. The provisions of law relating to— "(A) the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws; "(B) the disposition of such property or the proceeds from the sale thereof; "(C) the remission or mitigation of such forfeitures; and "(D) the compromise of claims and the award of compensation to informers in respect of such forfeitures; shall apply to seizures and forfeitures under this paragraph. The Secretary may authorize such officers and agents as are necessary to carry out seizures and forfeitures under this paragraph and such officers and agents shall have the powers and duties given to customs officers with respect to the seizure and forfeiture of property under the customs laws. "(6) For purposes of this subsection, the term 'controlled substance' has the meaning given to such term by section 102 of the Controlled Substances Act (21 U.S.C. 802).". (2) That portion of the table of contents of the Federal Aviation Act of 1958 which appears under the side heading "Sec. 902. Criminal penalties."

is amended by striking the item relating to subsection (q) and inserting the following: "(q) Violations in connection with transportation of controlled substances.".

49 USC app. ^^'^^-

(c) Section 904(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1474(a)) is amended— (1) by striking "$500" each place it appears and inserting in lieu thereof "$5,000"; (2) by inserting after the second sentence the following: "In addition to any other penalty, if any controlled substance described in section 584 of the Tariff Act of 1930 (19 U.S.C. 1584) is found on board of, or to have been unladen from, an aircraft subject to section 1109(b) and (c) of this Act, the owner or person in charge of such aircraft shall be subject to the penalties provided for in section 584 of the Tariff Act of 1930 (19 U.S.C. 1584), unless such owner or person is able to demonstrate, by a preponderance of the evidenced, that such owner or person did not know, and could not, by the exercise of the highest d ^ r e e of care and diligence, have known, that any such controlled substance was on board."; and (3) by amending the third sentence to read as follows: "In the case the violation is by the owner, operator, or person in command of the aircraft, any penalty imposed by this section shall be a lien against the aircraft.". (d)(1) Section 1109 of the Federal Aviation Act of 1958 (49 App. U.S.C. 1509) is amended by adding at the end thereof the following:

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