49 U.S.C. § 44907 — Security standards at foreign airports

(a) Assessment. (1) As often as necessary, the Secretary of Transportation must assess security measures at foreign airports served by an air carrier, used by a foreign carrier serving the United States, posing a high risk to international air travel, and other airports the Secretary selects. (2) The Secretary must consult the concerned foreign aviation authorities and each carrier serving the airport; determine how effectively the airport maintains and carries out security, including screening and vetting workers; and use a standard based at least on the standards and recommended practices in Annex 17 to the Convention on International Civil Aviation in effect on the assessment date. (3) Each report to Congress under section 44938(b) must summarize these assessments. (b) Consultation. The Secretary must consult the Secretary of State about the terrorist threat in each country and which airports are not under the foreign government’s actual control and pose a high risk to international air travel. (c) Notice to foreign authorities. If an assessment shows ineffective security, the Secretary, after advising the Secretary of State, must notify the foreign government and recommend steps to meet the assessment standard. (d) Actions. (1) After deciding an airport lacks effective security, the Secretary must publish its identity in the Federal Register, prominently display it at United States airports with regular scheduled carrier service, and notify the news media. Each carrier serving between the United States and that airport must give each ticket buyer written notice of the decision on or with the ticket. With the required consultation and Secretary of State approval, the Secretary may withhold, revoke, or condition a carrier’s foreign-air-transport authority using that airport. The President may prohibit service between the United States and another foreign airport served by aircraft flying to or from the listed airport. (2) These actions take effect 90 days after notice to the foreign government if it has not corrected the security, or immediately if, after consulting the Secretary of State, the Secretary decides a condition threatens passengers, aircraft, or crew. The Secretary must immediately notify the Secretary of State of an immediate decision so a travel advisory can issue under section 44908(a). (3) The Secretary must promptly report to Congress, with a classified annex if needed, actions taken and attempts to obtain foreign cooperation. (4) The publication and ticket-notice duties end only when the Secretary, consulting the Secretary of State, decides effective security is maintained and carried out. The Secretary must notify Congress. (e) Suspensions. Despite sections 40105(b) and 40106(b), with Secretary of State approval and without notice or hearing, the Secretary must suspend a carrier’s foreign-air-transport right, and a person’s right to operate aircraft in foreign air commerce, to or from an airport if the Secretary decides that a condition threatens passengers, aircraft, or crew and the public interest requires immediate suspension. (f) Condition of authority. This section is a condition on authority granted to an air carrier or foreign air carrier under this part.