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49 U.S.C. § 44905 — Information 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

This section governs reporting and public notice about threats to civil aviation and permits cancellation of flights when a threat cannot be adequately addressed. It also limits access to threat information while preserving effective security work.

(a) Providing information. Under TSA Administrator guidelines, an air carrier, airport operator, ticket agent, or their employee who receives information about a civil-aviation threat, other than a United States Government communication, must promptly give it to the Administrator. (b) Flight cancellation. If a particular threat cannot be addressed well enough to protect, as far as feasible, the passengers and crew of a flight or series of flights, the Administrator must cancel it. (c) Public notice guidelines. (1) The President must develop guidelines for public notice in appropriate threat cases. The guidelines must identify officials who will decide case by case whether notice serves the United States and traveling public, ensure timely and effective notice including a toll-free number, and cancel flights under subsection (b). (2) The guidelines must consider the threat’s specificity, the credibility of related intelligence, the ability to counter it, protection of intelligence sources and methods, cancellation instead of public notice, passengers’ and crew’s ability to reduce risk after notice, and other factors the Administrator considers appropriate. (d) Notice to crews. The Administrator must develop guidelines for giving flight and cabin crews appropriate notice of threats to an air-carrier flight. (e) Selective travelers. Notice may be given only to selected potential travelers if the threat applies only to them. (f) Access restrictions. Working with agencies that collect, receive, and analyze aviation-security intelligence, the Administrator must develop procedures minimizing the number of people with access to threat information. A restriction is allowed only if it does not reduce the Government’s ability to perform aviation-security duties, including notifying the public and crews. (g) Distribution. The guidelines must be distributed to appropriate officials of Transportation, State, Justice, and 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.

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