49 USC 46102(c): Aviation safety, when requested for national defense

          
Sec. 46102. Proceedings

    (a) Conducting Proceedings.--Subject to subchapter II of chapter 5 
of title 5, the Secretary of Transportation (or the Under Secretary of 
Transportation for Security with respect to security duties and powers 
designated to be carried out by the Under Secretary or the Administrator 
of the Federal Aviation Administration with respect to aviation safety 
duties and powers designated to be carried out by the Administrator) may 
conduct proceedings in a way conducive to justice and the proper 
dispatch of business.
    (b) Appearance.--A person may appear and be heard before the 
Secretary, the Under Secretary, and the Administrator in person or by an 
attorney. The Secretary may appear and participate as an interested 
party in a proceeding the Administrator conducts under section 40113(a) 
of this title.

        

            
 
          
    (c) Recording and Public Access.--Official action taken by the 
Secretary, Under Secretary, and Administrator under this part shall be 
recorded. Proceedings before the Secretary, Under Secretary, and 
Administrator shall be open to the public on the request of an 
interested party unless the Secretary, Under Secretary, or Administrator 
decides that secrecy is required because of national defense.
    (d) Conflicts of Interest.--The Secretary, the Under Secretary, the 
Administrator, or an officer or employee of the Administration may not 
participate in a proceeding referred to in subsection (a) of this 
section in which the individual has a pecuniary interest.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1226; Pub. L. 107-
71, title I, Sec. 140(b)(1), (2), (4)-(6), Nov. 19, 2001, 115 Stat. 
641.)
                                          Historical and Revision Notes
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           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
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46102(a)..............................  49 App.:1481 (1st sentence).     Aug. 23, 1958, Pub. L. 85-726, Sec.
                                                                          1001, 72 Stat. 788.
                                        49 App.:1551(b)(1)(E).           Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, Sec.  1601(b)(1)(E); added Oct.
                                                                          4, 1984, Pub. L. 98-443, Sec.  3(e),
                                                                          98 Stat. 1704.
                                        49 App.:1655(c)(1).              Oct. 15, 1966, Pub. L. 89-670, Sec.
                                                                          6(c)(1), 80 Stat. 938; Jan. 12, 1983,
                                                                          Pub. L. 97-449, Sec.  7(b), 96 Stat.
                                                                          2444.
46102(b)..............................  49 App.:1481 (3d, 4th
                                         sentences).
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
46102(c)..............................  49 App.:1481 (last sentence).
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
46102(d)..............................  49 App.:1481 (2d sentence).
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
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    In subsection (a), the cross-reference to chapter 7 of title 5 is 
omitted as unnecessary.
    In subsection (b), the text of 49 App.:1481 (4th sentence words 
after last comma) is omitted as obsolete. The words ``National 
Transportation Safety Board'' were substituted for ``Board'' in 49 
App.:1481 (4th sentence) because 49 App.:1655(d) transferred all 
functions, duties, and powers of the Civil Aeronautics Board under 
titles VI and VII of the Federal Aviation Act of 1958 (Public Law 85-
726, 72 Stat. 775) to the Secretary of Transportation to be carried out 
through the former National Transportation Safety Board in the 
Department of Transportation. Title VI includes sections 602 and 609 [49 
App.:1422, 1429], that provide for appeals to the Civil Aeronautics 
Board (subsequently transferred to the National Transportation Safety 
Board), and section 611(e) [49 App.:1431(e)], that provides for appeals 
to the National Transportation Safety Board. Under 49 App.:1902(a), the 
National Transportation Safety Board in the Department of Transportation 
was replaced by an independent National Transportation Safety Board 
outside the Department, and 49 App.:1903(a)(9)(A) gave the independent 
Board the authority to review appeals from actions of the Secretary 
under 49 App.:1422, 1429, and 1431(e).
    In subsection (c), the words ``vote and'' are omitted as surplus.
    In subsection (d), the words ``officer or employee of the 
Administration'' are substituted for ``member'' for clarity and 
consistency in the revised title and with other titles of the United 
States Code. The words ``hearing or'' are omitted as surplus. The words 
``referred to in subsection (a) of this section'' are added for clarity.
                               Amendments

    2001--Subsec. (a). Pub. L. 107-71, Sec. 140(b)(1), inserted ``the 
Under Secretary of Transportation for Security with respect to security 
duties and powers designated to be carried out by the Under Secretary 
or'' after ``(or''.
    Subsec. (b). Pub. L. 107-71, Sec. 140(b)(4), substituted ``, the 
Under Secretary, and the Administrator'' for ``and the Administrator''.
    Subsec. (c). Pub. L. 107-71, Sec. 140(b)(2), (5), substituted ``, 
Under Secretary, and Administrator'' for ``and Administrator'' in two 
places and ``, Under Secretary, or Administrator'' for ``or 
Administrator''.
    Subsec. (d). Pub. L. 107-71, Sec. 140(b)(6), inserted ``the Under 
Secretary,'' after ``Secretary,''.

                          Transfer of Functions

    For transfer of functions, personnel, assets, and liabilities of the 
Transportation Security Administration of the Department of 
Transportation, including the functions of the Secretary of 
Transportation, and of the Under Secretary of Transportation for 
Security, relating thereto, to the Secretary of Homeland Security, and 
for treatment of related references, see sections 203(2), 551(d), 
552(d), and 557 of Title 6, Domestic Security, and the Department of 
Homeland Security Reorganization Plan of November 25, 2002, as modified, 
set out as a note under section 542 of Title 6.