49 U.S.C. § 40105 — International negotiations, agreements, and obligations

(a) Advice and Consultation. The Secretary of State must advise, and consult as appropriate with, the FAA Administrator and the Secretaries of Transportation and Commerce about negotiations with foreign governments over air navigation — including air routes and services. The Secretary of Transportation must consult the Secretary of State whenever this part relates to foreign air transportation. (b) Actions of Secretary and Administrator. (1) When carrying out this part, the Secretary of Transportation and the Administrator must: (A) act consistently with U.S. obligations under international agreements; (B) consider the applicable laws and requirements of foreign countries; and (C) never let an action about a certificate of public convenience and necessity limit an air carrier's compliance with obligations or liabilities that a foreign government imposes. (2) This rule doesn't apply to an agreement between an air carrier (or its officer or representative) and a foreign government, if the Secretary of Transportation disapproves that agreement as against the public interest — and section 40106(b)(2) governs that situation instead. (c) Consultation on International Air Transportation Policy. When carrying out the international policy goals in section 40101(e), the Secretaries of State and Transportation must, as much as practical, consult on broad policy goals and specific negotiations with: (1) the Secretaries of Commerce and Defense; (2) airport operators; (3) scheduled airlines; (4) charter airlines; (5) airline labor; (6) consumer interest groups; (7) travel agents and tour organizers; and (8) other groups, institutions, and government bodies affected by international aviation policy. (d) Congressional Observers at International Aviation Negotiations. If asked in advance and in writing, the President must let at least one member from each house of Congress attend international aviation negotiations as an observer.