49 U.S.C. § 40104 — Promotion of civil aeronautics and safety

Page 1059 TITLE 49—TRANSPORTATION § 40104 ‘‘(1) CERTAIN NEXTGEN AVIONICS.—The term ‘certain NextGen avionics’ means those avionics and baseline capabilities as recommended in the report of the NextGen Advisory Committee titled ‘Minimum Capa- bilities List (MCL) Ad Hoc Team NAC Task 19–1 Re- port’, issued on November 17, 2020. ‘‘(2) PREFERENTIAL BASIS.—The term ‘preferential basis’ means prioritizing aircraft equipped with cer- tain NextGen avionics by providing them more effi- cient service, shorter queuing, or priority clearances to the maximum extent possible without reducing overall capacity or safety of the national airspace system. ‘‘(e) SUNSET.—The pilot program established under subsection (a) shall terminate on September 30, 2028. ‘‘(f) REPORT.—Not later than 90 days after the date on which the pilot program terminates, the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and In- frastructure of the House of Representatives] a report on the results of the pilot program.’’ MAINTAINING RESTRICTIONS UNDER CERTAIN NOTAMS Pub. L. 108–199, div. F, title V, § 521, Jan. 23, 2004, 118 Stat. 343, as amended by Pub. L. 118–63, title XI, § 1115(b), May 16, 2024, 138 Stat. 1421, provided that: ‘‘(a) IN GENERAL.—The Secretary of Transportation— ‘‘(1) shall, without regard to any fiscal year limita- tion, maintain in full force and effect the restrictions imposed under Federal Aviation Administration No- tices to Airmen FDC 3/2122, FDC 3/2123, and FDC 2/ 0199; and ‘‘(2) may not grant any waivers or exemptions from such restrictions, except— ‘‘(A) as authorized by air traffic control for oper- ational or safety purposes; ‘‘(B) with respect to an event, stadium, or other venue— ‘‘(i) for operational purposes; ‘‘(ii) for the transport of team members, offi- cials of the governing body, and immediate fam- ily members and guests of (or attendees approved by) such team members and officials to and from such event, stadium, or venue; ‘‘(iii) in the case of a sporting event, for the transport of equipment or parts to and from such sporting event; ‘‘(iv) to permit a broadcast rights holder to pro- vide broadcast coverage of such event, stadium, or venue; ‘‘(v) for safety and security purposes related to such event, stadium, or venue; and ‘‘(vi) to permit the safe operation of an aircraft that is operated by an airshow performer in con- nection with an airshow, provided such aircraft is not permitted to operate directly over the sta- dium (or adjacent parking facilities) during the sporting event; and ‘‘(C) to allow the operation of an aircraft in re- stricted airspace to the extent necessary to arrive at or depart from an airport using standard air traf- fic control procedures. ‘‘(b) LIMITATIONS ON USE OF FUNDS.—None of the funds appropriated or otherwise made available by title I of this Act [div. F of Pub. L. 108–199, see Tables for classification] may be obligated or expended to termi- nate or limit the restrictions imposed under the Fed- eral Aviation Administration Notices to Airmen re- ferred to in subsection (a), or to grant waivers of, or ex- emptions from, such restrictions except as provided under subsection (a)(2). ‘‘(c) BROADCAST CONTRACTS NOT AFFECTED.—Nothing in this section shall be construed to affect contractual rights pertaining to any broadcasting agreement.’’ NATIONAL AIRSPACE REDESIGN Pub. L. 106–181, title VII, § 736, Apr. 5, 2000, 114 Stat. 171, provided that: ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(1) The national airspace, comprising more than 29 million square miles, handles more than 55,000 flights per day. ‘‘(2) Almost 2,000,000 passengers per day traverse the United States through 20 major en route centers, in- cluding more than 700 different sectors. ‘‘(3) Redesign and review of the national airspace may produce benefits for the travelling public by in- creasing the efficiency and capacity of the air traffic control system and reducing delays. ‘‘(4) Redesign of the national airspace should be a high priority for the Federal Aviation Administra- tion and the air transportation industry. ‘‘(b) REDESIGN.—The Administrator [of the Federal Aviation Administration], with advice from the avia- tion industry and other interested parties, shall con- duct a comprehensive redesign of the national airspace system. ‘‘(c) REPORT.—Not later than December 31, 2000, the Administrator shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastruc- ture of the House of Representatives a report on the Administrator’s comprehensive national airspace rede- sign. The report shall include projected milestones for completion of the redesign and shall also include a date for completion. ‘‘(d) AUTHORIZATION.—There is authorized to be ap- propriated to the Administrator to carry out this sec- tion $12,000,000 for each of fiscal years 2000, 2001, and 2002.’’ § 40104. Promotion of civil aeronautics and safety of air commerce (a) DEVELOPING CIVIL AERONAUTICS AND SAFE- TY OF AIR COMMERCE.—The Administrator of the Federal Aviation Administration shall encour- age the development of civil aeronautics and safety of air commerce in and outside the United States. (b) AIRPORT CAPACITY ENHANCEMENT PROJECTS AT CONGESTED AIRPORTS.—In carrying out sub- section (a), the Administrator shall take action to encourage the construction of airport capac- ity enhancement projects at congested airports as those terms are defined in section 47175. (c) EDUCATIONAL AND PROFESSIONAL DEVELOP- MENT.— (1) IN GENERAL.—In carrying out subsection (a), the Administrator shall support and un- dertake efforts to promote and support the education and professional development of current and future aerospace professionals. (2) EDUCATIONAL MATERIALS.—Based on the availability of resources, the Administrator shall— (A) develop and distribute civil aviation information and educational materials; and (B) provide expertise to State and local school administrators, college and univer- sity officials, and officers of other interested organizations and entities. (3) CONTENT.—In developing the educational materials under paragraph (2), the Adminis- trator shall ensure such materials, including presentations, cover topics of broad relevance, including— (A) ethical decision-making and the re- sponsibilities of aerospace professionals; (B) managing a workforce, encouraging proper reporting of prospective safety issues, and educating employees on safety manage- ment systems; and Page 1060 TITLE 49—TRANSPORTATION § 40104 1 See References in Text note below. (C) responsibilities as a designee or rep- resentative of the Administrator. (d) INTERNATIONAL ROLE AND ASSISTANCE OF THE FAA.— (1) IN GENERAL.—In carrying out subsection (a), the Administrator shall promote and achieve global improvements in the safety, ef- ficiency, and environmental effect of air trav- el by exercising leadership with the Adminis- trator’s foreign counterparts, in the Inter- national Civil Aviation Organization and its subsidiary organizations, and other inter- national organizations and fora, and with the private sector. (2) INTERNATIONAL PRESENCE.—The Adminis- trator shall maintain an international pres- ence to— (A) assist foreign civil aviation authorities in— (i) establishing robust aviation oversight practices and policies; (ii) harmonizing international aviation standards for air traffic management, op- erator certification, aircraft certification, airports, and certificated or credentialed individuals; (iii) validating and accepting foreign air- craft design and production approvals; (iv) preparing for new aviation tech- nologies, including powered-lift aircraft, products, and articles; and (v) appropriately adopting continuing airworthiness information, such as air- worthiness directives; (B) encourage the adoption of United States standards, regulations, and policies; (C) establish, maintain, and update bilat- eral or multilateral aviation safety agree- ments and the aviation safety information contained within such agreements; (D) engage in bilateral and multilateral discussions as required under paragraph (5) and provide technical assistance as described in paragraph (6); 1 (E) validate foreign aviation products and ensure reciprocal validation of products for which the United States is the state of de- sign or production; (F) support accident and incident inves- tigations, particularly such investigations that involve United States persons and cer- tified products and such investigations where the National Transportation Safety Board is supporting an investigation pursu- ant to annex 13 of the International Civil Aviation Organization; (G) support the international safety activi- ties of the United States aviation sector; (H) maintain valuable relationships with entities with aviation equities, including civil aviation authorities, other govern- mental bodies, non-governmental organiza- tions, and foreign manufacturers; and (I) perform other activities as determined necessary by the Administrator. (3) INTERNATIONAL OFFICES.—In carrying out the responsibilities described in subsection (a), the Administrator— (A) shall maintain international offices of the Administration; (B) every 5 years, may review existing international offices to determine— (i) the effectiveness of such offices in ful- filling the mission described in paragraph (2); and (ii) the adequacy of resources and staff- ing to achieve the mission described in paragraph (2); and (C) shall establish offices to address gaps identified by the review under subparagraph (B) and in furtherance of the mission de- scribed in paragraph (2), putting an empha- sis on establishing such offices— (i) where international civil aviation au- thorities are located; (ii) where regional intergovernmental or- ganizations are located; (iii) in countries that have difficulty maintaining a category 1 classification through the International Aviation Safety Assessment program; and (iv) in regions that have experienced sub- stantial growth in aviation operations or manufacturing. (4) BILATERAL AND MULTILATERAL ENGAGE- MENT; TECHNICAL ASSISTANCE.—The Adminis- trator shall— (A) in consultation with the Secretary of State, engage bilaterally and multilaterally, including with the International Civil Avia- tion Organization, on an ongoing basis to bolster international collaboration, data sharing, and harmonization of international aviation safety requirements including through— (i) sharing of continued operational safe- ty information; (ii) prioritization of pilot training defi- ciencies, including manual flying skills and flight crew training, to discourage over reliance on automation, further bol- stering the components of airmanship; (iii) encouraging the consideration of the safety advantages of appropriate Federal regulations, which may include relevant Federal regulations pertaining to flight crew training requirements; and (iv) prioritizing any other flight crew training areas that the Administrator be- lieves will enhance all international avia- tion safety; and (B) seek to expand technical assistance provided by the Federal Aviation Adminis- tration in support of enhancing inter- national aviation safety, including by— (i) promoting and enhancing effective oversight systems, including operational safety enhancements identified through data collection and analysis; (ii) promoting and encouraging compli- ance with international safety standards by counterpart civil aviation authorities; (iii) minimizing cybersecurity threats and vulnerabilities across the aviation ecosystem; (iv) supporting the sharing of safety in- formation, best practices, risk assess- ments, and mitigations through estab- Page 1061 TITLE 49—TRANSPORTATION § 40104 2 So in original. No par. (6) has been enacted. lished international aviation safety groups; and (v) providing technical assistance on any other aspect of aviation safety that the Administrator determines is likely to en- hance international aviation safety. (5) BILATERAL AVIATION SAFETY AGREE- MENTS.— (A) IN GENERAL.—The Administrator shall negotiate, enter into, promote, enforce, evaluate the effectiveness of, and seek to up- date bilateral or multilateral aviation safety agreements, and the parts of such agree- ments, with international aviation authori- ties. (B) PURPOSE.—The Administrator shall seek to enter into bilateral aviation safety agreements under this section to, at a min- imum— (i) improve global aviation safety; (ii) increase harmonization of, and re- duce duplicative, requirements, processes, and approvals to advance the aviation in- terests of the United States; (iii) ensure access to international mar- kets for operators, service providers, and manufacturers from the United States; and (iv) put in place procedures for recourse when a party to such agreements fails to meet the obligations of such party under such agreements. (C) SCOPE.—The scope of a bilateral avia- tion safety agreement entered into under this section shall, as appropriate, cover ex- isting aviation users and concepts and estab- lish a process by which bilateral aviation safety agreements can be updated to include new and novel concepts on an ongoing basis. (D) CONTENTS.—Bilateral aviation safety agreements entered into under this section shall, as appropriate and consistent with United States law and regulation, include topics such as— (i) airworthiness, certification, and vali- dation; (ii) maintenance; (iii) operations and pilot training; (iv) airspace access, efficiencies, and navigation services; (v) transport category aircraft; (vi) fixed-wing aircraft, rotorcraft, pow- ered-lift aircraft, products, and articles; (vii) aerodrome certification; (viii) unmanned aircraft and associated elements of such aircraft; (ix) flight simulation training devices; (x) new or emerging technologies and technology trends; and (xi) other topics as determined appro- priate by the Administrator. (E) RULE OF CONSTRUCTION.—Bilateral or multilateral aviation safety agreements en- tered into under this subsection shall not be construed to diminish or alter any authority of the Administrator under any other provi- sion of law. (7) 2 STRATEGIC PLAN.—The Administrator shall maintain a strategic plan for the inter- national engagement of the Administration that includes— (A) all elements of the report required under section 243(b) of the FAA Reauthoriza- tion Act of 2018 (49 U.S.C. 44701 note); (B) measures to fulfill the mission de- scribed in paragraph (2); (C) initiatives to attain greater expertise among employees of the Federal Aviation Administration in issues related to dispute resolution, intellectual property, and export control laws; (D) policy regarding the future direction and strategy of the United States engage- ment with the International Civil Aviation Organization; (E) procedures for acceptance of manda- tory airworthiness information, such as air- worthiness directives, and other safety-re- lated regulatory documents, including pro- cedures to implement the requirements of section 44701(e)(5); (F) all factors, including funding and resourcing, necessary for the Administration to maintain leadership in the global activi- ties related to aviation safety and air trans- portation; (G) establishment of, and a process to reg- ularly track and update, metrics to measure the effectiveness of, and foreign civil avia- tion authority compliance with, bilateral aviation safety agreements; and (H) a strategic methodology to facilitate the ability of the United States aerospace industry to efficiently operate and export new aerospace technologies, products, and articles in key markets globally. (e) PROMOTION OF UNITED STATES AEROSPACE STANDARDS, PRODUCTS, AND SERVICES ABROAD.— The Secretary shall take appropriate actions to— (1) promote United States aerospace-related safety standards abroad; (2) facilitate and vigorously defend approvals of United States aerospace products and serv- ices abroad; (3) with respect to bilateral partners, utilize bilateral safety agreements and other mecha- nisms to improve validation of United States certificated aeronautical products, services, and appliances and enhance mutual accept- ance in order to eliminate redundancies and unnecessary costs; and (4) with respect to the aeronautical safety authorities of a foreign country, streamline validation and coordination processes. (f) TRAVEL.—The Administrator and the Sec- retary of Transportation shall, in carrying out the responsibilities described in subsection (a), delegate to the appropriate supervisors of offices of the Administration the ability to authorize the domestic and international travel of rel- evant personnel who are not in the Federal Aviation Administration Executive System, without any additional approvals required, for the purposes of— (1) promoting aviation safety, aircraft oper- ations, air traffic, airport, unmanned aircraft systems, aviation fuels, and other aviation standards, regulations, and initiatives adopted by the United States; Page 1062 TITLE 49—TRANSPORTATION § 40104 (2) facilitating the adoption of United States approaches on such aviation standards and recommended practices at the International Civil Aviation Organization; (3) supporting the acceptance of Administra- tion design and production approvals by other civil aviation authorities; (4) training Administration personnel and training provided to other persons; (5) engaging with regulated entities, includ- ing performing site visits; (6) activities associated with subsections (c) through (e); and (7) other activities as determined by the Ad- ministrator. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1102; Pub. L. 103–429, § 6(47), Oct. 31, 1994, 108 Stat. 4384; Pub. L. 104–264, title IV, § 401(b)(1), Oct. 9, 1996, 110 Stat. 3255; Pub. L. 108–176, title III, § 303, title VIII, § 813, Dec. 12, 2003, 117 Stat. 2533, 2590; Pub. L. 115–254, div. B, title II, § 241, title V, § 539(a), Oct. 5, 2018, 132 Stat. 3257, 3370; Pub. L. 116–260, div. V, title I, § 119(f)(1), (2), Dec. 27, 2020, 134 Stat. 2342; Pub. L. 118–63, title III, §§ 356, 357(a), 358(a)–(c)(1), (d), 359, May 16, 2024, 138 Stat. 1114–1116, 1119, 1120.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 40104 .......... 49 App.:1346. Aug. 23, 1958, Pub. L. 85–726, § 305, 72 Stat. 749. 49 App.:1346a. July 12, 1976, Pub. L. 94–353, § 21, 90 Stat. 884. 49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. The words ‘‘and foster’’ in 49 App.:1346 are omitted as surplus. The words ‘‘In carrying out this section’’ are substituted for ‘‘In furtherance of his mandate to pro- mote civil aviation’’ in 49 App.:1346a because of the re- statement. The word ‘‘Administrator’’ is substituted for ‘‘Secretary of Transportation acting through the Administrator of the Federal Aviation Administration’’ for consistency with the source provisions restated in this section. The words ‘‘be designed so as to’’, ‘‘various aspects of’’, and ‘‘civil and’’ are omitted as surplus. PUB. L. 103–429, § 6(47)(A), (B) This makes conforming amendments to 49:40104, as enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1102), because of the restatement of 49 App.:1655(c)(1) (words after last comma) as 49:40104(b) by section 6(47)(C) of the bill. PUB. L. 103–429, § 6(47)(C) Revised Section Source (U.S. Code) Source (Statutes at Large) 40104(b) ...... 49 App.:1655(c)(1) (words after last comma). Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1) (words after last comma), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. Editorial Notes REFERENCES IN TEXT Paragraph (6), referred to in subsec. (d)(2)(D), is a ref- erence to par. (6) of subsec. (d) of this section, which does not exist, but may instead be referring to par. (6) of subsec. (e) of section 40113 of this title, which relates to technical assistance to foreign governments and was enacted by the same section of Pub. L. 118–63 that en- acted subsec. (d)(2) of this section containing the ref- erence. Section 243(b) of the FAA Reauthorization Act of 2018, referred to in subsec. (d)(7)(A), is section 243(b) of Pub. L. 115–254, which is set out in a note under section 44701 of this title. AMENDMENTS 2024—Subsec. (a). Pub. L. 118–63, § 356(1), struck out at end ‘‘In carrying out this subsection, the Adminis- trator shall take action that the Administrator con- siders necessary to establish, within available re- sources, a program to distribute civil aviation informa- tion in each region served by the Administration. The program shall provide, on request, informational mate- rial and expertise on civil aviation to State and local school administrators, college and university officials, and officers of other interested organizations.’’ Subsec. (b). Pub. L. 118–63, § 356(4), redesignated sub- sec. (c) as (b). Former subsec. (b) redesignated (d). Subsec. (c). Pub. L. 118–63, § 357(a), added subsec. (c). Former subsec. (c) redesignated (b). Subsec. (d). Pub. L. 118–63, § 358(a)(1), inserted ‘‘and Assistance’’ after ‘‘International Role’’ in heading. Pub. L. 118–63, § 356(3), redesignated subsec. (b) as (d). Subsec. (d)(1). Pub. L. 118–63, § 358(a)(2), substituted ‘‘In carrying out subsection (a), the Administrator’’ for ‘‘The Administrator’’. Subsec. (d)(2). Pub. L. 118–63, § 358(a)(4), added par. (2). Former par. (2) redesignated (4). Subsec. (d)(3). Pub. L. 118–63, § 358(b), added par. (3). Subsec. (d)(4). Pub. L. 118–63, § 358(a)(3), redesignated par. (2) as (4). Subsec. (d)(5). Pub. L. 118–63, § 358(c)(1), added par. (5). Subsec. (d)(7). Pub. L. 118–63, § 358(d), added par. (7). Subsec. (e). Pub. L. 118–63, § 356(2), redesignated sub- sec. (d) as (e). Subsec. (f). Pub. L. 118–63, § 359, added subsec. (f). 2020—Subsec. (b). Pub. L. 116–260 designated existing provisions as par. (1), inserted heading, and added par. (2). 2018—Subsec. (c). Pub. L. 115–254, § 539(a), substituted ‘‘section 47175’’ for ‘‘section 47176’’. Subsec. (d). Pub. L. 115–254, § 241, added subsec. (d). 2003—Subsec. (b). Pub. L. 108–176, § 813, amended head- ing and text of subsec. (b) generally. Prior to amend- ment, text read as follows: ‘‘The Secretary of Transpor- tation may develop and construct a civil supersonic aircraft.’’ Subsec. (c). Pub. L. 108–176, § 303, added subsec. (c). 1996—Pub. L. 104–264, § 401(b)(1)(A), inserted ‘‘safety of’’ before ‘‘air commerce’’ in section catchline. Subsec. (a). Pub. L. 104–264, § 401(b)(1)(B), (C), inserted ‘‘SAFETY OF’’ before ‘‘AIR COMMERCE’’ in heading and ‘‘safety of’’ before ‘‘air commerce’’ in text. 1994—Pub. L. 103–429 designated existing provisions as subsec. (a), inserted heading, substituted ‘‘carrying out this subsection’’ for ‘‘carrying out this section’’, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–176 applicable only to fis- cal years beginning after Sept. 30, 2003, except as other- wise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Except as otherwise specifically provided, amend- ment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year end- ing before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. Page 1063 TITLE 49—TRANSPORTATION § 40105 SUPPORT FOR PROFESSIONAL DEVELOPMENT AND CONTINUING EDUCATION Pub. L. 118–63, title III, § 357(b), May 16, 2024, 138 Stat. 1115, provided that: ‘‘The Administrator [of the Federal Aviation Administration] may take such action as may be necessary to support or launch initiatives that seek to advance the professional development and con- tinuing education of aerospace professionals.’’ VALIDATION OF POWERED-LIFT AIRCRAFT Pub. L. 118–63, title III, § 358(c)(3), May 16, 2024, 138 Stat. 1118, provided that: ‘‘In carrying out section 40104(d) of title 49, United States Code (as amended by this Act), the Administrator [of the Federal Aviation Administration] shall ensure coordination with inter- national civil aviation authorities regarding the estab- lishment of mutual processes for efficient validation, acceptance, and working arrangements of certificates and approvals for powered-lift aircraft, products, and articles.’’ POWERED-LIFT AIRCRAFT Pub. L. 118–63, title III, § 358(e), May 16, 2024, 138 Stat. 1119, provided that: ‘‘In developing the methodology re- quired under section 40104(d)(7)(H) of title 49, United States Code (as added by subsection (d)), the Adminis- trator [of the Federal Aviation Administration] shall— ‘‘(1) perform an assessment of existing bilateral aviation safety agreements, implementation proce- dures, and other associated bilateral arrangements to determine how current and future powered-lift prod- ucts and articles can utilize the most appropriate val- idation mechanisms and procedures; ‘‘(2) facilitate global acceptance of the approach of the FAA [Federal Aviation Administration] to cer- tification of powered-lift aircraft, products, and arti- cles; and ‘‘(3) consider any other information determined ap- propriated by the Administrator.’’ INTERNATIONAL PILOT TRAINING Pub. L. 116–260, div. V, title I, § 119(e), Dec. 27, 2020, 134 Stat. 2341, provided that: ‘‘(1) IN GENERAL.—The Secretary of Transportation, the Administrator, and other appropriate officials of the Government shall exercise leadership in setting global standards to improve air carrier pilot training and qualifications for— ‘‘(A) monitoring and managing the behavior and performance of automated systems; ‘‘(B) controlling the flightpath of aircraft without autoflight systems engaged; ‘‘(C) effectively utilizing and managing autoflight systems, when appropriate; ‘‘(D) effectively identifying situations in which the use of autoflight systems is appropriate and when such use is not appropriate; and ‘‘(E) recognizing and responding appropriately to non-normal conditions. ‘‘(2) INTERNATIONAL LEADERSHIP.—The Secretary, the Administrator, and other appropriate officials of the Government shall exercise leadership under paragraph (1) by working with— ‘‘(A) foreign counterparts of the Administrator in the ICAO and its subsidiary organizations; ‘‘(B) other international organizations and fora; and ‘‘(C) the private sector. ‘‘(3) CONSIDERATIONS.—In exercising leadership under paragraph (1), the Secretary, the Administrator, and other appropriate officials of the Government shall consider— ‘‘(A) the latest information relating to human fac- tors; ‘‘(B) aircraft manufacturing trends, including those relating to increased automation in the cockpit; ‘‘(C) the extent to which cockpit automation im- proves aviation safety and introduces novel risks; ‘‘(D) the availability of opportunities for pilots to practice manual flying skills; ‘‘(E) the need for consistency in maintaining and enhancing manual flying skills worldwide; ‘‘(F) recommended practices of other countries that enhance manual flying skills and automation man- agement; and ‘‘(G) whether a need exists for initial and recurrent training standards for improve pilots’ proficiency in manual flight and in effective management of autoflight systems. ‘‘(4) CONGRESSIONAL BRIEFING.—The Secretary, the Administrator, and other appropriate officials of the Government shall provide to the congressional commit- tees of jurisdiction regular briefings on the status of ef- forts undertaken pursuant to this subsection.’’ [For definitions of terms used in section 119(e) of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.] INTERNATIONAL EFFORTS REGARDING TRACKING OF CIVIL AIRCRAFT Pub. L. 115–254, div. B, title III, § 304, Oct. 5, 2018, 132 Stat. 3261, provided that: ‘‘The Administrator [of the Federal Aviation Administration] shall exercise leader- ship on creating a global approach to improving air- craft tracking by working with— ‘‘(1) foreign counterparts of the Administrator in the International Civil Aviation Organization and its subsidiary organizations; ‘‘(2) other international organizations and fora; and ‘‘(3) the private sector.’’ § 40105. International negotiations, agreements, and obligations (a) ADVICE AND CONSULTATION.—The Secretary of State shall advise the Administrator of the Federal Aviation Administration and the Secre- taries of Transportation and Commerce, and consult with them as appropriate, about nego- tiations for an agreement with a government of a foreign country to establish or develop air navigation, including air routes and services. The Secretary of Transportation shall consult with the Secretary of State in carrying out this part to the extent this part is related to foreign air transportation. (b) ACTIONS OF SECRETARY AND ADMINIS- TRATOR.—(1) In carrying out this part, the Sec- retary of Transportation and the Adminis- trator— (A) shall act consistently with obligations of the United States Government under an inter- national agreement; (B) shall consider applicable laws and re- quirements of a foreign country; and (C) may not limit compliance by an air car- rier with obligations or liabilities imposed by the government of a foreign country when the Secretary takes any action related to a cer- tificate of public convenience and necessity issued under chapter 411 of this title. (2) This subsection does not apply to an agree- ment between an air carrier or an officer or rep- resentative of an air carrier and the government of a foreign country, if the Secretary of Trans- portation disapproves the agreement because it is not in the public interest. Section 40106(b)(2) of this title applies to this subsection. (c) CONSULTATION ON INTERNATIONAL AIR TRANSPORTATION POLICY.—In carrying out sec- tion 40101(e) of this title, the Secretaries of State and Transportation, to the maximum ex- tent practicable, shall consult on broad policy goals and individual negotiations with—