Title 49 › Subtitle SUBTITLE VII— AVIATION PROGRAMS › Part A— AIR COMMERCE AND SAFETY › Subpart i— general › Chapter 401— GENERAL PROVISIONS › § 40105
The Secretary of State must advise and consult with the FAA Administrator and the Secretaries of Transportation and Commerce about talks with foreign governments to set up or improve air navigation, routes, and services. The Secretary of Transportation must also consult with the Secretary of State on matters involving foreign air travel. The Transportation Secretary and the FAA Administrator must follow U.S. international obligations, consider foreign laws, and cannot stop an airline from meeting duties or liabilities a foreign government imposes when the Secretary acts on a certificate of public convenience and necessity under chapter 411. If the Transportation Secretary rejects an airline’s agreement with a foreign government as not in the public interest, section 40106(b)(2) applies. The Secretaries of State and Transportation should, as much as practical, consult other federal agencies and groups affected by international aviation, such as Commerce and Defense, airports, carriers, airline workers, consumers, travel agents, and similar parties. The President must allow at least one representative from each House of Congress to attend international aviation negotiations as an observer if they request it in writing ahead of time.
Full Legal Text
Transportation — Source: USLM XML via OLRC
Legislative History
Reference
Citation
49 U.S.C. § 40105
Title 49 — Transportation
Last Updated
Apr 5, 2026
Release point: 119-73not60