49 U.S.C. § 44905 : US Code - Section 44905: Information about threats to civil aviation

Search 49 U.S.C. § 44905 : US Code - Section 44905: Information about threats to civil aviation

(a) Providing Information. - Under guidelines the Secretary of
Transportation 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 Secretary.
(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 Under Secretary of
Transportation for Security 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 Under Secretary, 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 Under Secretary considers appropriate.
(d) Guidelines on Notice to Crews. - The Under Secretary 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 Under Secretary 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.