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Title 49 — TransportationRelease 119-73not60

§46111 Certificate Actions in Response to a Security Threat

Title 49 › Subtitle SUBTITLE VII— AVIATION PROGRAMS › Part A— AIR COMMERCE AND SAFETY › Subpart iv— enforcement and penalties › Chapter 461— INVESTIGATIONS AND PROCEEDINGS › § 46111

Last updated Apr 5, 2026|Official source

Summary

The FAA must change, limit, suspend, or cancel any aviation certificate if the TSA tells the FAA that the certificate holder may be a risk for air piracy, terrorism, or a threat to airline or passenger safety. If the TSA asks, the FAA’s order must take effect right away. A U.S. citizen who is hurt by such an order has the right to a formal hearing. The judge at that hearing does not have to accept the FAA’s or TSA’s prior findings or legal views. If the judge’s decision is appealed, the appeal goes to the Transportation Security Oversight Board (set up under section 115). The Board will pick a panel that is not made up of TSA employees, that has the needed security clearances, and that can see the relevant documents. The panel can confirm, change, or overturn the judge’s decision. Anyone greatly affected by the panel’s action, or the TSA Administrator when the TSA says the panel’s action would seriously harm how this part is carried out, can ask for review under section 46110. The TSA and FAA must be parties in that review. The panel’s facts are final if supported by substantial evidence. A person who starts an appeal must get a written explanation and the supporting documents as much as national security and other laws allow. The TSA, working with the FAA and the Director of Central Intelligence, must make rules for giving an unclassified summary of any classified evidence used to justify the FAA order. Classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) may be shown to the reviewing judge alone and in private, under proper security rules. The TSA must ensure judges have the right security clearances. If the affected person asks, the TSA must give an unclassified summary of classified material to the person and the judge under the established procedures.

Full Legal Text

Title 49, §46111

Transportation — Source: USLM XML via OLRC

(a)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)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)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)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)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)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)(1)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)(A)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)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 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.

Amendments

2018—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 Date

Section 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.

Reference

Citations & Metadata

Citation

49 U.S.C. § 46111

Title 49 — Transportation

Last Updated

Apr 5, 2026

Release point: 119-73not60