49 U.S.C. § 44907 : US Code - Section 44907: Security standards at foreign airports

Search 49 U.S.C. § 44907 : US Code - Section 44907: Security standards at foreign airports

(a) Assessment. - (1) At intervals the Secretary 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 considers appropriate.
(2) The Secretary of Transportation shall conduct an assessment
under paragraph (1) of this subsection -
(A) in consultation with appropriate aeronautic authorities of
the government of a foreign country concerned and each air
carrier serving the foreign airport for which the Secretary is
conducting the assessment;
(B) to establish the extent to which a foreign airport
effectively maintains and carries out security measures; and
(C) by using a standard that will result in an analysis of the
security measures at the airport based at least on the standards
and appropriate recommended practices contained in Annex 17 to
the Convention on International Civil Aviation in effect on the
date of the assessment.
(3) Each report to Congress required under section 44938(b) of
this title shall contain a summary of the assessments conducted
under this subsection.
(b) Consultation. - In carrying out subsection (a) of this
section, the Secretary of Transportation 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 government 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 conducting an assessment under subsection (a)
of this section, decides that an airport does not maintain and
carry out effective security measures, the Secretary of
Transportation, after advising 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 measures in use at the airport up to the standard used
by the Secretary of Transportation in making the assessment.
(d) Actions When Airports Not Maintaining and Carrying Out
Effective Security Measures. - (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 carrier 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 transportation 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 transportation 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 assessment under subsection (a) of this
section; or
(ii) immediately on the decision of the Secretary of
Transportation under subsection (c) of this section if the
Secretary of Transportation decides, after consulting with the
Secretary of State, that a condition exists that threatens the
safety or security of passengers, aircraft, or crew traveling to
or from the airport.
(B) The Secretary of Transportation immediately shall notify the
Secretary of State of a decision under subparagraph (A)(ii) of this
paragraph 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 paragraph (1) or (2) of this subsection, including
information on attempts made to obtain the cooperation of the
government of a foreign country 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 consultation 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.
(e) Suspensions. - Notwithstanding sections 40105(b) and 40106(b)
of this title, the Secretary of Transportation, with the approval
of the Secretary of State and without notice or a hearing, shall
suspend the right of an air carrier or foreign air carrier to
provide foreign air transportation, and the right of a person to
operate aircraft in foreign air commerce, to or from a foreign
airport when the Secretary of Transportation decides that -
(1) a condition exists that threatens the safety or security of
passengers, aircraft, or crew traveling to or from that airport;
and
(2) the public interest requires an immediate suspension of
transportation between the United States and that airport.
(f) Condition of Carrier Authority. - This section is a condition
to authority the Secretary of Transportation grants under this part
to an air carrier or foreign air carrier.