I wanted to give you a couple links to the Federal Register. In the January 24, 2003, issue of the Federal Register (http://www.access.gpo.gov/su_docs/fedreg/a030124c.html), the Transportation Security Administration (TSA) released a final rule that allows them to notify the Federal Aviation Administration (FAA) of anyone that the TSA has determined poses a threat to transportation security. That notice permits the FAA to immediately suspend, revoke, or refuse to issue an airman certificate of anyone named by the TSA. (http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-1681.htm). That means anybody certified by the FAA which includes mechanics, flight attendants, dispatchers, air-traffic controllers, and pilots.
There are two separate appeal processes for US Citizens and Aliens. The alien process is more lax than the US Citizen one.
See US Citizens version at ( http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-1682.htm )
See Alien version at ( http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-1683.htm )
Both versions allow the TSA to use Classified or Sensitive information to come to their conclusion, which of course, can not be disclosed to the person being designated as a security risk or their counsel. The procedure in both US citizen and alien cases allows for some process but in my opinion falls well short of current standards of procedural due process. (I am still researching the procedural due process and equal protection aspects of the new rule.) This process also stays inside the executive branch without any judicial branch intervention. This also is the first time that the US Government is allowed to use secret evidence against a US citizen I believe. The comment period is open to March 25, 2003.
Jeremy T. Browner
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