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Title 49 — TransportationRelease 119-73

§44908 Travel advisory and suspension of foreign assistance

Title 49 › Subtitle SUBTITLE VII— - AVIATION PROGRAMS › Part PART A— - AIR COMMERCE AND SAFETY › Subpart subpart iii— - safety › Chapter CHAPTER 449— - SECURITY › Subchapter SUBCHAPTER I— - REQUIREMENTS › § 44908

Last updated Apr 6, 2026|Official source

Summary

When the TSA tells the Secretary of State that a foreign airport’s security is unsafe and threatens passengers, crew, or planes, the Secretary must immediately issue a travel advisory for that airport and make the warning widely known. If the Secretary also finds the country is a high terrorist-threat country, the President must suspend aid under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and the Arms Export Control Act (22 U.S.C. 2751 et seq.), unless the President waives the suspension for national security or humanitarian reasons and reports that waiver to Congress. These steps remain in effect until the TSA administrator says the airport’s security meets the required standard, and TSA must notify Congress when the actions end.

Full Legal Text

Title 49, §44908

Transportation — Source: USLM XML via OLRC

(a)On being notified by the Administrator of the Transportation Security Administration that the Administrator of the Transportation Security Administration has decided under section 44907(d)(2)(A)(ii) of this title that a condition exists that threatens the security of passengers, aircraft, or crew traveling to or from a foreign airport that the Administrator of the Transportation Security Administration has decided under section 44907 of this title does not maintain and carry out effective security measures, the Secretary of State—
(1)immediately shall issue a travel advisory for that airport; and
(2)shall publicize the advisory widely.
(b)The President shall suspend assistance provided under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Arms Export Control Act (22 U.S.C. 2751 et seq.) to a country in which is located an airport with respect to which section 44907(d)(1) of this title becomes effective if the Secretary of State decides the country is a high terrorist threat country. The President may waive this subsection if the President decides, and reports to Congress, that the waiver is required because of national security interests or a humanitarian emergency.
(c)An action required under this section is no longer required only if the Administrator of the Transportation Security Administration has made a decision as provided under section 44907(d)(4) of this title. The Administrator shall notify Congress when the action is no longer required to be taken.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 44908(a)49 App.:1515a(a).Aug. 8, 1985, Pub. L. 99–83, § 552, 99 Stat. 226. 44908(b)49 App.:1515a(b). 44908(c)49 App.:1515a(c), (d). In subsection (a)(3), the words “take the necessary steps to” are omitted as surplus. In subsection (b), the words “all” and “the requirements of” are omitted as surplus. Subsection (c) is substituted for 49 App.:1515a(c) and (d) to eliminate unnecessary words.

Editorial Notes

References in Text

The Foreign Assistance Act of 1961, referred to in subsec. (b), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see

Short Title

note set out under section 2151 of Title 22 and Tables. The Arms Export Control Act, referred to in subsec. (b), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of Title 22. For complete classification of this Act to the Code, see

Short Title

note set out under section 2751 of Title 22 and Tables.

Amendments

2018—Subsec. (a). Pub. L. 115–254, § 1991(d)(7)(A), (B), in introductory provisions, substituted “Administrator of the Transportation Security Administration” for “Secretary of Transportation” wherever appearing and struck out “safety or” before “security of passengers”. Subsec. (c). Pub. L. 115–254, § 1991(d)(7)(A), (C), substituted “Administrator of the Transportation Security Administration” for “Secretary of Transportation” and “The Administrator” for “The Secretary”. 1998—Subsec. (a). Pub. L. 105–277 inserted “and” at end of par. (1), redesignated par. (3) as (2), and struck out former par. (2) which read as follows: “shall publish the advisory in the Federal Register; and”.

Reference

Citations & Metadata

Citation

49 U.S.C. § 44908

Title 49 — Transportation

Last Updated

Apr 6, 2026

Release point: 119-73