49 U.S.C. § 44747 — Aviation safety oversight measures carried out by foreign countries

(a) Assessment. (1) Regularly, the Administrator, working with the Secretary of Transportation and the Secretary of State, must assess the aviation safety oversight of any foreign country (A) whose airline flies to and from the U.S., (B) whose airline wants to start flying to and from the U.S., (C) whose airlines carry or want to carry a U.S. carrier's code, or (D) that the Administrator otherwise decides to review. (2) In doing this, the Administrator must (A) consult the foreign government's aviation authorities, (B) judge how well the country meets its safety oversight duties under the Chicago Convention, international safety standards, and ICAO's recommended practices, (C) use one standard method to analyze whether the country meets the minimum standards in Chicago Convention Annexes 1, 6, and 8 (or their successors), and (D) identify any instances of noncompliance. (3) If the assessment finds noncompliance, the Administrator must (A) notify the country, (B) within 90 days, request and hold final talks with the country to recommend fixes, and (C) after those talks, decide whether the problem has been fixed. (b) Uncorrected Non-compliance. If the country hasn't fixed the problem by the end of those talks, (1) the Administrator must tell the Secretary of Transportation and the Secretary of State the noncompliance continues; (2) after consulting them, the Administrator must notify the country of the finding; and (3) despite section 40105(b), after consulting the country's aviation authority and notifying the two Secretaries, the Administrator may withhold, revoke, or put conditions on the operating authority of a foreign air carrier that (A) flies or wants to fly to and from the U.S., or (B) carries or wants to carry a U.S. carrier's code. (c) Authority. Regardless of (a) and (b), the Administrator can still act immediately on safety if, after consulting the two Secretaries as needed, the Administrator decides a condition threatens the safety of passengers, aircraft, or crew traveling to or from that country. If the Administrator makes that call, the Administrator must immediately tell the Secretary of State, so the Secretary can issue a travel advisory. (d) Public Notification. (1) Whenever the Administrator notifies a country under (b)(2), the Administrator must (A) recommend how the country can come back into Chicago Convention compliance, (B) publish the country's name on the FAA website, in the Federal Register, and through other public channels, and (C) brief Congress's relevant committees on the country's name and a summary of the safety findings. (2) If the country later fixes everything, the Administrator, after consulting the country's authority and notifying the two Secretaries, must update the public record, including the sources listed in (1)(B). (e) Accuracy of the IASA List. If a foreign country has no air carrier activity described in (a)(1) for an extended time, as the Administrator decides, it must be taken off the public list in (d)(1)(B) for inactivity, after telling the two Secretaries. (f) Consistency. (1) The FAA must use data, tools, and methods that keep its assessments transparent and repeatable. (2) The Administrator must make sure FAA staff are properly trained on the standards, methods, and materials used to make these decisions.