republic-os/legal/us/code/title-49/chapter-461/section-46111.md

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LegalText	49 U.S.C. § 46111	Certificate actions in response to a security threat	us	united_states_code	code_section	49	TRANSPORTATION	461	INVESTIGATIONS AND PROCEEDINGS	46111	49 U.S.C. § 46111	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip	/us/usc/t49/s46111	data/legal/raw/us/code/title-49/usc49.xml	0a350e30bdb5f94d561a0c30df626b3d7039c800431e2041e8e4b40aec5c15c0	0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb	647136d5c80b72000380256a700556f9f78812f80c3b2df3062f81bad9cb5df8	2026-07-04	official	legal us-code

49 U.S.C. § 46111 - Certificate actions in response to a security threat

Text

(a) Orders.— The Administrator of the Federal Aviation Administration shall issue an order amending, modifying, suspending, or revoking any part of a certificate issued under this title if the Administrator of the Federal Aviation Administration is notified by the Administrator of the Transportation Security Administration that the holder of the certificate poses, or is suspected of posing, a risk of air piracy or terrorism or a threat to airline or passenger safety. If requested by the Administrator of the Transportation Security Administration, the order shall be effective immediately.

(b) Hearings for Citizens.— An individual who is a citizen of the United States who is adversely affected by an order of the Administrator of the Federal Aviation Administration under subsection (a) is entitled to a hearing on the record.

(c) Hearings.— When conducting a hearing under this section, the administrative law judge shall not be bound by findings of fact or interpretations of laws and regulations of the Administrator of the Federal Aviation Administration or the Administrator of the Transportation Security Administration.

(d) Appeals.— An appeal from a decision of an administrative law judge as the result of a hearing under subsection (b) shall be made to the Transportation Security Oversight Board established by section 115. The Board shall establish a panel to review the decision. The members of this panel (1) shall not be employees of the Transportation Security Administration, (2) shall have the level of security clearance needed to review the determination made under this section, and (3) shall be given access to all relevant documents that support that determination. The panel may affirm, modify, or reverse the decision.

(e) Review.— A person substantially affected by an action of a panel under subsection (d), or the Administrator of the Transportation Security Administration when the Administrator of the Transportation Security Administration decides that the action of the panel under this section will have a significant adverse impact on carrying out this part, may obtain review of the order under section 46110. The Administrator of the Transportation Security Administration and the Administrator of the Federal Aviation Administration shall be made a party to the review proceedings. Findings of fact of the panel are conclusive if supported by substantial evidence.

(f) Explanation of Decisions.— An individual who commences an appeal under this section shall receive a written explanation of the basis for the determination or decision and all relevant documents that support that determination to the maximum extent that the national security interests of the United States and other applicable laws permit.

(g) Classified Evidence.— (1) In general.— The Administrator of the Transportation Security Administration, in consultation with the Administrator of the Federal Aviation Administration and the Director of Central Intelligence, shall issue regulations to establish procedures by which the Administrator of the Transportation Security Administration, as part of a hearing conducted under this section, may provide an unclassified summary of classified evidence upon which the order of the Administrator of the Federal Aviation Administration was based to the individual adversely affected by the order.

(2) Review of classified evidence by administrative law judge.— (A) Review.— As part of a hearing conducted under this section, if the order of the Administrator of the Federal Aviation Administration issued under subsection (a) is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)), such information may be submitted by the Administrator of the Transportation Security Administration to the reviewing administrative law judge, pursuant to appropriate security procedures, and shall be reviewed by the administrative law judge ex parte and in camera.

(B) Security clearances.— Pursuant to existing procedures and requirements, the Administrator of the Transportation Security Administration shall, in coordination, as necessary, with the heads of other affected departments or agencies, ensure that administrative law judges reviewing orders of the Administrator of the Federal Aviation Administration under this section possess security clearances appropriate for their work under this section.

(3) Unclassified summaries of classified evidence.— As part of a hearing conducted under this section and upon the request of the individual adversely affected by an order of the Administrator of the Federal Aviation Administration under subsection (a), the Administrator of the Transportation Security Administration shall provide to the individual and reviewing administrative law judge, consistent with the procedures established under paragraph (1), an unclassified summary of any classified information upon which the order of the Administrator of the Federal Aviation Administration is based.

(Added Pub. L. 108–176, title VI, § 601(a), Dec. 12, 2003, 117 Stat. 2561; amended Pub. L. 115–254, div. B, title V, § 539(l), div. K, title I, § 1991(f)(9), Oct. 5, 2018, 132 Stat. 3371, 3643.)

Notes

Editorial Notes

References in TextSection 1(a) of the Classified Information Procedures Act, referred to in subsec. (g)(2)(A), is section 1(a) of Pub. L. 96–456, which is set out in the Appendix to Title 18, Crimes and Criminal Procedure.

Amendments2018—Pub. L. 115–254, § 1991(f)(9)(D), substituted “Administrator of the Transportation Security Administration” for “Under Secretary” wherever appearing. Subsec. (a). Pub. L. 115–254, § 1991(f)(9)(A), inserted “the” before “Federal Aviation Administration shall issue” and substituted “Administrator of the Federal Aviation Administration is notified by the Administrator of the Transportation Security Administration” for “Administrator is notified by the Under Secretary for Border and Transportation Security of the Department of Homeland Security”. Subsecs. (b), (c), (e). Pub. L. 115–254, § 1991(f)(9)(B), substituted “Administrator of the Federal Aviation Administration” for “Administrator”. Subsec. (g). Pub. L. 115–254, § 1991(f)(9)(B), substituted “Administrator of the Federal Aviation Administration” for “Administrator” wherever appearing. Subsec. (g)(2)(A). Pub. L. 115–254, §§ 539(l), 1991(f)(9)(C), made identical amendments, substituting “(18 U.S.C. App.))” for “(18 U.S.C. App.)”.

Statutory Notes and Related Subsidiaries

Effective DateSection applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.

Deemed References to Chapters 509 and 511 of Title 51General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.