
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC41307]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                     subpart ii--economic regulation
 
                 CHAPTER 413--FOREIGN AIR TRANSPORTATION
 
Sec. 41307. Presidential review of actions about foreign air 
        transportation
        
    The Secretary of Transportation shall submit to the President for 
review each decision of the Secretary to issue, deny, amend, modify, 
suspend, revoke, or transfer a certificate issued under section 41102 of 
this title authorizing an air carrier, or a permit issued under section 
41302 of this title authorizing a foreign air carrier, to provide 
foreign air transportation. The President may disapprove the decision of 
the Secretary only if the reason for disapproval is based on foreign 
relations or national defense considerations that are under the 
jurisdiction of the President. The President may not disapprove a 
decision of the Secretary if the reason is economic or related to 
carrier selection. A decision of the Secretary--
        (1) is void if the President disapproves the decision and 
    publishes the reasons (to the extent allowed by national security) 
    for disapproval not later than 60 days after it is submitted to the 
    President; or
        (2)(A) takes effect as a decision of the Secretary if the 
    President does not disapprove the decision not later than 60 days 
    after the decision is submitted to the President; and
        (B) when effective, may be reviewed judicially under section 
    46110 of this title.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1128.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
41307.................................  49 App.:1461(a).                 Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          801(a
), 72 Stat. 782; Mar. 22, 1972,
                                                                          Pub. 
L. 92-259, Sec.  2, 86 Stat. 96;
                                                                          resta
ted Oct. 24, 1978, Pub. L. 95-
                                                                          504, 
Sec.  34, 92 Stat. 1740.
                                        49 App.:1551(b)(1)(E).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  1601(b)(1)(E); added Oct.
                                                                          4, 19
84, Pub. L. 98-443, Sec.  3(e),
                                                                          98 St
at. 1704.
-------------------------------------------------------------------------------
---------------------------------

    In this section, before clause (1), the word ``cancellation'' is 
omitted as surplus. The word ``modify'' is added for consistency. The 
words ``and the terms, conditions, and limitations contained in'' are 
omitted as surplus. The words ``issued under section 41102 of this 
title'' are added for clarity. The word ``provide'' is substituted for 
``engage in'' for consistency in the revised title. In clause (1), the 
words ``null and'' are omitted as surplus. The word ``publishes'' is 
substituted for ``issued in a public document'' to eliminate unnecessary 
words. In clause (2)(A), the words ``not the President'' are omitted as 
surplus.

                        Executive Order No. 11920

    Ex. Ord. No. 11920, June 10, 1976, 41 F.R. 23665, which provided for 
establishment of Executive branch procedures to facilitate review of 
submitted decisions, was revoked by Ex. Ord. No. 12547, Feb. 6, 1986, 51 
F.R. 5029.

                        Executive Order No. 12547

    Ex. Ord. No. 12547, Feb. 6, 1986, 51 F.R. 5029, which provided for 
establishment of procedures to facilitate Presidential review of 
international aviation decisions submitted by Department of 
Transportation, was revoked by Ex. Ord. No. 12597, May 13, 1987, 52 F.R. 
18335, set out below.

      Ex. Ord. No. 12597. Establishing Procedures for Facilitating 
     Presidential Review of International Aviation Decisions by the 
                      Department of Transportation

    Ex. Ord. No. 12597, May 13, 1987, 52 F.R. 18335, provided:
    By the authority vested in me as President by the Constitution and 
laws of the United States of America, including Section 801 of the 
Federal Aviation Act, as amended (49 U.S.C. app. Sec. 1461) [see 49 
U.S.C. 41307, 41509(f)], and in order to provide presidential guidance 
to department and agency heads and facilitate presidential review of 
decisions by the Department of Transportation pursuant to the Federal 
Aviation Act [see 49 U.S.C. 40101 et seq.], it is hereby ordered as 
follows:
    Section 1. Executive Order No. 12547 of February 6, 1986, is 
revoked.
    Sec. 2. The Secretary of Transportation is designated and empowered 
to receive on behalf of the President any decision of the Department of 
Transportation (hereinafter referred to as the ``DOT'') subject to 
Section 801 of the Federal Aviation Act, as amended. The Secretary of 
Transportation is further designated and empowered to exercise, without 
the approval, ratification, or other action of the President, the 
authority of the President under Section 801 of the Federal Aviation 
Act, as amended, to review and determine not to disapprove any such 
decision that is not the subject of any written recommendation for 
disapproval or for a statement of reasons submitted to the Department of 
Transportation in accordance with section 5(b) of this Order.
    Sec. 3. (a) Except as otherwise provided in this section, decisions 
of the DOT subject to Section 801 of the Federal Aviation Act, as 
amended, may be made available by the DOT for public inspection and 
copying following transmission to Executive departments and agencies 
pursuant to section 3(c) of this Order.
    (b) In the interests of national security, and in order to allow for 
consideration of appropriate action under Executive Order No. 12356 [50 
U.S.C. 435 note], decisions of the DOT transmitted to Executive 
departments and agencies pursuant to section 3(c) of this Order shall be 
withheld from public disclosure for a period not to exceed 5 days after 
said transmission.
    (c) At the same time that decisions of the DOT are received by the 
Secretary of Transportation pursuant to section 2 of this Order, the DOT 
shall transmit copies thereof to the Secretary of State, the Secretary 
of Defense, the Secretary of the Treasury, the Attorney General, the 
Assistant to the President for National Security Affairs, the Director 
of the Office of Management and Budget, and any other Executive 
department or agency that the DOT deems appropriate.
    (d) The Secretary of State and the Secretary of Defense, or their 
designees, shall review the decisions of the DOT transmitted pursuant to 
section 3(c) of this Order and shall promptly advise the Assistant to 
the President for National Security Affairs or his designee whether 
action pursuant to Executive Order No. 12356 is deemed appropriate. If, 
after considering these recommendations, the Assistant to the President 
for National Security Affairs determines that classification under 
Executive Order No. 12356 is appropriate, he shall take such action and 
immediately so inform the DOT. Action pursuant to this subsection shall 
be completed by the persons designated herein within 5 days of the 
transmission of the decision.
    (e) On and after the 6th day following transmission of a DOT 
decision pursuant to section 3(c) of this Order, or upon earlier 
notification by the Assistant to the President for National Security 
Affairs or his designee, the DOT is authorized to disclose all 
unclassified portions of the text of such decision. Nothing in this 
section is intended to affect the ability to withhold material under any 
Executive order or statute other than Section 801.
    Sec. 4. (a) Departments and agencies outside of the Executive Office 
of the President shall raise only matters of national defense or foreign 
relations in the course of the presidential review established by this 
Order. All other matters, including those related to regulatory policy, 
shall be presented to the DOT in accordance with the procedures of the 
DOT.
    (b) Departments and agencies outside of the Executive Office of the 
President that identify matters of national defense or foreign relations 
while a decision is pending before the DOT shall, except as 
confidentiality is required for reasons of defense or foreign policy, 
make those matters known to the DOT in the course of its proceedings.
    Sec. 5. (a) The DOT shall receive the recommendations, addressed to 
the President, of the departments and agencies referred to in section 
3(c) of this Order.
    (b) Departments or agencies outside of the Executive Office of the 
President making recommendations on matters of national defense or 
foreign relations with respect to any decision received by the Secretary 
of Transportation under section 2 of this Order shall submit their 
recommendations in writing to the DOT: (1) within 4 days of the DOT's 
issuance of a decision subject to a 10-day statutory review period under 
Section 801(b) [see 49 U.S.C. 41509(f)]; and (2) within 21 days of the 
DOT's issuance of a decision subject to a 60-day statutory review period 
under Section 801(a) [see 49 U.S.C. 41307]; or (3) in exceptional cases, 
within the period specified by the DOT in its letter of transmittal.
    (c) The DOT shall, as soon as practical after the deadlines 
specified in section 5(b) of this Order: (1) if no recommendations for 
disapproval or for a statement of reasons are received from the 
departments and agencies specified in section 3(c) of this Order, issue 
its decision to become effective according to its terms; or (2) if 
recommendations for disapproval or for a statement of reasons are 
received, transmit them to the Assistant to the President for National 
Security Affairs, who, upon review, shall transmit a memorandum to the 
President with a recommendation as to whether or not the President 
should disapprove the proposed decision.
    Sec. 6. (a) In advising the President with respect to his review of 
a decision pursuant to Section 801, departments and agencies outside of 
the Executive Office of the President shall identify with particularity 
the defense or foreign policy implications of the DOT decision that are 
deemed appropriate for consideration.
    (b) If any department or agency that made recommendations to the 
President pursuant to Section 801 believes that, if the President 
decides not to disapprove a decision, the letter so advising the DOT 
should include a statement that the decision not to disapprove was based 
on national defense or foreign relations reasons, it should so indicate 
separately and explain why.
    Sec. 7. Individuals within the Executive Office of the President 
shall follow a policy of: (a) refusing to discuss matters relating to 
the disposition of a case subject to the review of the President under 
Section 801 with any interested private party, or an attorney or agent 
for any such party, prior to the decision by the President or his 
designee; and (b) referring any written communication from an interested 
private party, or an attorney or agent for any such party, to the 
appropriate department or agency outside of the Executive Office of the 
President. Exceptions to this policy may be made only when the head of 
an appropriate department or agency outside of the Executive Office of 
the President personally finds, on a nondelegable basis, that direct 
written or oral communication between a private party and a person 
within the Executive Office of the President is needed for reasons of 
defense or foreign policy.
    Sec. 8. Departments and agencies outside of the Executive Office of 
the President that regularly make recommendations in connection with the 
presidential review pursuant to Section 801 shall, consistent with 
applicable law, including the provisions of Chapter 5 of Title 5 of the 
United States Code:
    (a) establish public dockets for all written communications (other 
than those requiring confidential treatment for defense or foreign 
policy reasons) between their officers and employees and private parties 
in connection with the preparation of such recommendations; and
    (b) prescribe such other procedures governing oral and written 
communications as they deem appropriate.
    Sec. 9. This Order is intended solely for the internal guidance of 
the departments and agencies in order to facilitate the presidential 
review process. This Order does not confer rights on any private 
parties.
    Sec. 10. None of the time deadlines specified in this Order shall be 
construed as a limitation on expedited presidential review of any 
decision under Section 801.
    Sec. 11. The provisions of this Order shall become effective upon 
publication in the Federal Register and shall govern the review of any 
proposed decisions of the DOT that have not become final prior to that 
date under Executive Order No. 12547.
    Sec. 12. References in any Executive order to any provision in 
Executive Order No. 12547 shall be deemed to refer to the corresponding 
provision in this Order.
                                                          Ronald Reagan.

                  Section Referred to in Other Sections

    This section is referred to in sections 40109, 41102, 41108, 41310, 
46110, 46301 of this title.
