ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

49 U.S.C. § 44905Information about threats to civil aviation

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 526 words · no verdicts yet

in plain englishAI-generated · not legal advice

Airlines and airports must quickly report any threat information they receive to TSA. TSA must cancel a flight if a threat cannot be handled safely. The government must also set guidelines for public notice, crew notice, and limiting who sees threat information.

(a) Providing Information. Under TSA's guidelines, an air carrier, airport operator, ticket agent, or their employee who learns about a threat to civil aviation — except a message directed by the U.S. government — must promptly give that information to TSA. (b) Flight Cancellation. If TSA decides a specific threat cannot be handled well enough to reasonably ensure the safety of a flight's passengers and crew, TSA must cancel that flight or series of flights. (c) Guidelines on Public Notice. (1) The President must set guidelines for when the public should be told about threats to civil aviation, naming officials responsible for (A) deciding, case by case, whether public notice serves the best interest of the country and travelers; (B) making sure notice is given in a timely, effective way, including through a toll-free phone number; and (C) canceling a flight or flights under subsection (b). (2) The guidelines must address (A) how specific the threat is; (B) how credible the related intelligence is; (C) whether the threat can be effectively countered; (D) protecting intelligence sources and methods; (E) canceling flights instead of giving public notice; (F) whether passengers and crew could reduce their own risk after getting notice; and (G) any other factor TSA finds appropriate. (d) Guidelines on Notice to Crews. TSA must set guidelines to make sure a flight's crew and cabin crew are told, where appropriate, about threats to that flight's security. (e) Limitation on Notice to Selective Travelers. A threat to civil aviation may be disclosed only to specific travelers if the threat applies only to them. (f) Restricting Access to Information. Working with the agencies that collect and analyze aviation-related intelligence, TSA must set procedures to limit how many people can access threat information. However, TSA may restrict access only if doing so does not weaken the government's ability to carry out its aviation security duties, including giving notice to the public and to flight and cabin crews under this section. (g) Distribution of Guidelines. The guidelines created under this section must be given to the right officials at the Department of Transportation, the Department of State, the Department of Justice, and to air carriers.
the actual law source: uscode.house.gov ↗public domain
(a)Providing Information.—

Under guidelines the Administrator of the Transportation Security Administration prescribes, an air carrier, airport operator, ticket agent, or individual employed by an air carrier, airport operator, or ticket agent, receiving information (except a communication directed by the United States Government) about a threat to civil aviation shall provide the information promptly to the Administrator.

(b)Flight Cancellation.—

If a decision is made that a particular threat cannot be addressed in a way adequate to ensure, to the extent feasible, the safety of passengers and crew of a particular flight or series of flights, the Administrator of the Transportation Security Administration shall cancel the flight or series of flights.

(c)Guidelines on Public Notice.—
(1)

The President shall develop guidelines for ensuring that public notice is provided in appropriate cases about threats to civil aviation. The guidelines shall identify officials responsible for—

(A)

deciding, on a case-by-case basis, if public notice of a threat is in the best interest of the United States and the traveling public;

(B)

ensuring that public notice is provided in a timely and effective way, including the use of a toll-free telephone number; and

(C)

canceling the departure of a flight or series of flights under subsection (b) of this section.

(2)

The guidelines shall provide for consideration of—

(A)

the specificity of the threat;

(B)

the credibility of intelligence information related to the threat;

(C)

the ability to counter the threat effectively;

(D)

the protection of intelligence information sources and methods;

(E)

cancellation, by an air carrier or the Administrator of the Transportation Security Administration, of a flight or series of flights instead of public notice;

(F)

the ability of passengers and crew to take steps to reduce the risk to their safety after receiving public notice of a threat; and

(G)

other factors the Administrator of the Transportation Security Administration considers appropriate.

(d)Guidelines on Notice to Crews.—

The Administrator of the Transportation Security Administration shall develop guidelines for ensuring that notice in appropriate cases of threats to the security of an air carrier flight is provided to the flight crew and cabin crew of that flight.

(e)Limitation on Notice to Selective Travelers.—

Notice of a threat to civil aviation may be provided to selective potential travelers only if the threat applies only to those travelers.

(f)Restricting Access to Information.—

In cooperation with the departments, agencies, and instrumentalities of the Government that collect, receive, and analyze intelligence information related to aviation security, the Administrator of the Transportation Security Administration shall develop procedures to minimize the number of individuals who have access to information about threats. However, a restriction on access to that information may be imposed only if the restriction does not diminish the ability of the Government to carry out its duties and powers related to aviation security effectively, including providing notice to the public and flight and cabin crews under this section.

(g)Distribution of Guidelines.—

The guidelines developed under this section shall be distributed for use by appropriate officials of the Department of Transportation, the Department of State, the Department of Justice, and air carriers.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1207; Pub. L. 107–71, title I, § 101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, § 1991(d)(5), Oct. 5, 2018, 132 Stat. 3632.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1207
  • 2001Amended · Pub. L. 107-71 · 115 Stat. 603
  • 2018Amended · Pub. L. 115-254 · 132 Stat. 3632

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case