49 U.S.C. § 44906 — Foreign air carrier security programs

Page 1472 TITLE 49—TRANSPORTATION § 44906 (g) DISTRIBUTION OF GUIDELINES.—The guide- lines developed under this section shall be dis- tributed for use by appropriate officials of the Department of Transportation, the Department of State, the Department of Justice, and air car- riers. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1207; Pub. L. 107–71, title I, § 101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, § 1991(d)(5), Oct. 5, 2018, 132 Stat. 3632.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44905(a) ...... 49 App.:1358d(a). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 321; added Nov. 16, 1990, Pub. L. 101–604, § 109(a), 104 Stat. 3078. 44905(b) ...... 49 App.:1358d(b). 44905(c)(1) .. 49 App.:1358d(c)(1), (d). 44905(c)(2) .. 49 App.:1358d(e). 44905(d) ...... 49 App.:1358d(c)(2). 44905(e) ...... 49 App.:1358d(f). 44905(f) ....... 49 App.:1358d(h). 44905(g) ...... 49 App.:1358d(g). In subsection (a), the words ‘‘employed by an air car- rier, airport operator, or ticket agent’’ are substituted for ‘‘employed by such an entity’’ for clarity. The words ‘‘or a designee of the Secretary’’ are omitted as unnecessary. In subsections (c)(1), before clause (A), and (d), the words ‘‘Not later than 180 days after November 16, 1990’’ are omitted as obsolete. In subsection (c)(1)(B), the words ‘‘when considered appropriate’’ are omitted as unnecessary because of the restatement. In subsection (e), the words ‘‘selective potential trav- elers’’ are substituted for ‘‘only selective potential travelers’’ to eliminate an unnecessary word. In subsection (f), the words ‘‘departments, agencies, and instrumentalities of the Government’’ are sub- stituted for ‘‘agencies’’ for clarity and consistency in the revised title and with other titles of the United States Code. The words ‘‘However, a restriction on ac- cess to that information may be imposed only if the re- striction does not diminish’’ are substituted for ‘‘Any restriction adopted pursuant to this subsection shall not diminish’’ for clarity. Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–254, § 1991(d)(5)(A), sub- stituted ‘‘Administrator of the Transportation Secu- rity Administration’’ for ‘‘Secretary of Transpor- tation’’ and ‘‘Administrator.’’ for ‘‘Secretary.’’ Subsec. (b). Pub. L. 115–254, § 1991(d)(5)(B), substituted ‘‘Administrator of the Transportation Security Admin- istration’’ for ‘‘Under Secretary of Transportation for Security’’. Subsecs. (c)(2)(E), (G), (d), (f). Pub. L. 115–254, § 1991(d)(5)(C), substituted ‘‘Administrator of the Trans- portation Security Administration’’ for ‘‘Under Sec- retary’’. 2001—Subsec. (b). Pub. L. 107–71, § 101(f)(7), (9), sub- stituted ‘‘Under Secretary of Transportation for Secu- rity’’ for ‘‘Administrator of the Federal Aviation Ad- ministration’’. Subsecs. (c)(2)(E), (G), (d), (f). Pub. L. 107–71, § 101(f)(7), substituted ‘‘Under Secretary’’ for ‘‘Adminis- trator’’. § 44906. Foreign air carrier security programs The Administrator of the Transportation Se- curity Administration shall continue in effect the requirement of section 129.25 of title 14, Code of Federal Regulations, that a foreign air carrier must adopt and use a security program approved by the Administrator. The Administrator shall not approve a security program of a foreign air carrier under section 129.25, or any successor regulation, unless the security program requires the foreign air carrier in its operations to and from airports in the United States to adhere to the identical security measures that the Admin- istrator requires air carriers serving the same airports to adhere to. The foregoing requirement shall not be interpreted to limit the ability of the Administrator to impose additional security measures on a foreign air carrier or an air car- rier when the Administrator determines that a specific threat warrants such additional meas- ures. The Administrator shall prescribe regula- tions to carry out this section. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1208; Pub. L. 104–132, title III, § 322, Apr. 24, 1996, 110 Stat. 1254; Pub. L. 107–71, title I, § 101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, § 1991(d)(6), Oct. 5, 2018, 132 Stat. 3632.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44906(a)(1) .. 49 App.:1357(k) (1)–(3). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 316(k)(1)–(3); added Nov. 16, 1990, Pub. L. 101–604, § 105(a), 104 Stat. 3074. 49 App.:1357 (note). Nov. 16, 1990, Pub. L. 101–604, § 105(c), 104 Stat. 3075. The text of 49 App.:1357(k)(3) and the words ‘‘Not later than 180 days after the date of enactment of this Act’’ in section 105(c) of the Aviation Security Improvement Act of 1990 (Public Law 101–604, 104 Stat. 3075) are omit- ted as obsolete. Editorial Notes AMENDMENTS 2018—Pub. L. 115–254 substituted ‘‘Administrator of the Transportation Security Administration’’ for ‘‘Under Secretary of Transportation for Security’’ and, wherever appearing, ‘‘Administrator’’ for ‘‘Under Sec- retary’’. 2001—Pub. L. 107–71 substituted ‘‘Under Secretary’’ for ‘‘Administrator’’ wherever appearing and ‘‘of Trans- portation for Security’’ for ‘‘of the Federal Aviation Administration’’. 1996—Pub. L. 104–132 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: ‘‘The Administrator of the Federal Aviation Administration shall continue in effect the requirement of section 129.25 of title 14, Code of Federal Regulations, that a foreign air carrier must adopt and use a security program approved by the Administrator. The Administrator may approve a secu- rity program of a foreign air carrier under section 129.25 only if the Administrator decides the security program provides passengers of the foreign air carrier a level of protection similar to the level those pas- sengers would receive under the security programs of air carriers serving the same airport. The Adminis- trator shall require a foreign air carrier to use proce- dures equivalent to those required of air carriers serv- ing the same airport if the Administrator decides that the procedures are necessary to provide a level of pro- tection similar to that provided passengers of the air carriers serving the same airport. The Administrator shall prescribe regulations to carry out this section.’’ Page 1473 TITLE 49—TRANSPORTATION § 44907 § 44907. Security standards at foreign airports (a) ASSESSMENT.—(1) At intervals the Sec- retary of Transportation considers necessary, the Secretary shall assess the effectiveness of the security measures maintained at— (A) a foreign airport— (i) served by an air carrier; (ii) from which a foreign air carrier serves the United States; or (iii) that poses a high risk of introducing danger to international air travel; and (B) other foreign airports the Secretary con- siders appropriate. (2) The Secretary of Transportation shall con- duct an assessment under paragraph (1) of this subsection— (A) in consultation with appropriate aero- nautic authorities of the government of a for- eign country concerned and each air carrier serving the foreign airport for which the Sec- retary is conducting the assessment; (B) to establish the extent to which a foreign airport effectively maintains and carries out security measures, including the screening and vetting of airport workers; and (C) by using a standard that will result in an analysis of the security measures at the air- port based at least on the standards and appro- priate recommended practices contained in Annex 17 to the Convention on International Civil Aviation in effect on the date of the as- sessment. (3) Each report to Congress required under sec- tion 44938(b) of this title shall contain a sum- mary of the assessments conducted under this subsection. (b) CONSULTATION.—In carrying out subsection (a) of this section, the Secretary of Transpor- tation shall consult with the Secretary of State— (1) on the terrorist threat that exists in each country; and (2) to establish which foreign airports are not under the de facto control of the govern- ment of the foreign country in which they are located and pose a high risk of introducing danger to international air travel. (c) NOTIFYING FOREIGN AUTHORITIES.—When the Secretary of Transportation, after con- ducting an assessment under subsection (a) of this section, decides that an airport does not maintain and carry out effective security meas- ures, the Secretary of Transportation, after ad- vising the Secretary of State, shall notify the appropriate authorities of the government of the foreign country of the decision and recommend the steps necessary to bring the security meas- ures in use at the airport up to the standard used by the Secretary of Transportation in mak- ing the assessment. (d) ACTIONS WHEN AIRPORTS NOT MAINTAINING AND CARRYING OUT EFFECTIVE SECURITY MEAS- URES.—(1) When the Secretary of Transportation decides under this section that an airport does not maintain and carry out effective security measures— (A) the Secretary of Transportation shall— (i) publish the identity of the airport in the Federal Register; (ii) have the identity of the airport posted and displayed prominently at all United States airports at which scheduled air car- rier operations are provided regularly; and (iii) notify the news media of the identity of the airport; (B) each air carrier and foreign air carrier providing transportation between the United States and the airport shall provide written notice of the decision, on or with the ticket, to each passenger buying a ticket for trans- portation between the United States and the airport; (C) notwithstanding section 40105(b) of this title, the Secretary of Transportation, after consulting with the appropriate aeronautic authorities of the foreign country concerned and each air carrier serving the airport and with the approval of the Secretary of State, may withhold, revoke, or prescribe conditions on the operating authority of an air carrier or foreign air carrier that uses that airport to provide foreign air transportation; and (D) the President may prohibit an air carrier or foreign air carrier from providing transpor- tation between the United States and any other foreign airport that is served by aircraft flying to or from the airport with respect to which a decision is made under this section. (2)(A) Paragraph (1) of this subsection becomes effective— (i) 90 days after the government of a foreign country is notified under subsection (c) of this section if the Secretary of Transportation finds that the government has not brought the security measures at the airport up to the standard the Secretary used in making an as- sessment under subsection (a) of this section; or (ii) immediately on the decision of the Sec- retary of Transportation under subsection (c) of this section if the Secretary of Transpor- tation decides, after consulting with the Sec- retary of State, that a condition exists that threatens the safety or security of passengers, aircraft, or crew traveling to or from the air- port. (B) The Secretary of Transportation imme- diately shall notify the Secretary of State of a decision under subparagraph (A)(ii) of this para- graph so that the Secretary of State may issue a travel advisory required under section 44908(a) of this title. (3) The Secretary of Transportation promptly shall submit to Congress a report (and classified annex if necessary) on action taken under para- graph (1) or (2) of this subsection, including in- formation on attempts made to obtain the co- operation of the government of a foreign coun- try in meeting the standard the Secretary used in assessing the airport under subsection (a) of this section. (4) An action required under paragraph (1)(A) and (B) of this subsection is no longer required only if the Secretary of Transportation, in con- sultation with the Secretary of State, decides that effective security measures are maintained and carried out at the airport. The Secretary of Transportation shall notify Congress when the action is no longer required to be taken.