49 U.S.C. § 41307 — Presidential review of actions about foreign air transportation
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 196 words · no verdicts yet
The Secretary of Transportation must send the President every decision to issue, deny, change, suspend, revoke, or transfer a carrier's certificate or a foreign carrier's permit. The President can reject the decision only for foreign relations or national defense reasons, not economic ones. If the President does not act within 60 days, the Secretary's decision takes effect.
This section has one main rule, followed by two numbered results.
The Secretary of Transportation must send the President, for review, every decision to issue, deny, amend, modify, suspend, revoke, or transfer a certificate under section 41102 or a foreign air carrier permit under section 41302. The President may disapprove the Secretary's decision only for reasons of foreign relations or national defense — reasons within the President's own authority. The President cannot disapprove a decision for economic reasons or because of which carrier was picked.
(1) The Secretary's decision is void if the President disapproves it and publishes the reasons (as far as national security allows) within 60 days after it was submitted.
(2) (A) If the President does not disapprove within 60 days, the decision takes effect as the Secretary's own decision. (B) Once effective, the decision may be reviewed in court under section 46110.
The Secretary of Transportation shall submit to the President for review each decision of the Secretary to issue, deny, amend, modify, suspend, revoke, or transfer a certificate issued under section 41102 of this title authorizing an air carrier, or a permit issued under section 41302 of this title authorizing a foreign air carrier, to provide foreign air transportation. The President may disapprove the decision of the Secretary only if the reason for disapproval is based on foreign relations or national defense considerations that are under the jurisdiction of the President. The President may not disapprove a decision of the Secretary if the reason is economic or related to carrier selection. A decision of the Secretary—
is void if the President disapproves the decision and publishes the reasons (to the extent allowed by national security) for disapproval not later than 60 days after it is submitted to the President; or
takes effect as a decision of the Secretary if the President does not disapprove the decision not later than 60 days after the decision is submitted to the President; and
when effective, may be reviewed judicially under section 46110 of this title.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1128.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1128
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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