On January 24, 2003, without prior public notice or comment, the Federal Aviation Administration (FAA) and Transportation Security Administration (TSA) published " direct final rules" mandating the FAA to immediately suspend, revoke, or refuse to issue a pilot certificate to anyone the TSA determines poses a threat to transportation security.
According to both agencies, these rules were promulgated under the authority Congress provided in the Aviation Transportation Security Act of 2001(ATSA), which directed TSA and the FAA to "make modifications in the system for issuing airman certificates related to combating acts of terrorism." On January 23rd, the FAA issued its final rule, Ineligibility for an Airman Certificate Based on Security Grounds, and the TSA issued direct final rules, Threat Assessments Regarding Alien Holders of, and Applicants for, FAA Certificates and Threat Assessments Regarding Citizens of the United States Who Hold or Apply for FAA Certificates. These rules became effective on January 24, 2003.