Title 49, TransportationRelease 119-110

§40105 International Negotiations, Agreements, and Obligations

Title 49 › SUBTITLE VII — AVIATION PROGRAMS › PART A — AIR COMMERCE AND SAFETY › subpart i — general › CHAPTER 401 — GENERAL PROVISIONS › § 40105

Last updated Sep 22, 2026|Official source

Summary

Require the Secretary of State to advise the FAA Administrator and the Secretaries of Transportation and Commerce and to talk with them about making agreements with foreign governments to set up or improve air routes, navigation, and services. The Transportation Secretary must check with the State Secretary when matters affect foreign air travel. When they act, the Transportation Secretary and the FAA Administrator must follow U.S. international commitments, think about the foreign country’s laws, and not stop an airline from meeting duties or liabilities a foreign government places on it when the Secretary acts on a public convenience and necessity certificate. The Secretary can disapprove an airline’s agreement with a foreign government if it is not in the public interest. For international air policy and negotiations, the Secretaries of State and Transportation must, as much as possible, consult with the Secretaries of Commerce and Defense and with affected groups such as airport operators, scheduled and charter airlines, airline workers, consumer groups, travel agents, tour organizers, and other interested parties. The President must let at least one representative from each House of Congress attend international aviation talks as an observer if they ask in writing ahead of time.

Full Legal Text

Title 49, §40105

Transportation, Source: USLM XML via OLRC

(a)Advice and Consultation.—
The Secretary of State shall advise the Administrator of the Federal Aviation Administration and the Secretaries of Transportation and Commerce, and consult with them as appropriate, about negotiations for an agreement with a government of a foreign country to establish or develop air navigation, including air routes and services. The Secretary of Transportation shall consult with the Secretary of State in carrying out this part to the extent this part is related to foreign air transportation.
(b)Actions of Secretary and Administrator.— (c) Consultation on International Air Transportation Policy.—
(1)In carrying out this part, the Secretary of Transportation and the Administrator—
(A)shall act consistently with obligations of the United States Government under an international agreement;
(B)shall consider applicable laws and requirements of a foreign country; and
(C)may not limit compliance by an air carrier with obligations or liabilities imposed by the government of a foreign country when the Secretary takes any action related to a certificate of public convenience and necessity issued under chapter 411 of this title.
(2)This subsection does not apply to an agreement between an air carrier or an officer or representative of an air carrier and the government of a foreign country, if the Secretary of Transportation disapproves the agreement because it is not in the public interest. section 40106(b)(2) of this title applies to this subsection.
(d)Congressional Observers at International Aviation Negotiations.—
The President shall grant to at least one representative of each House of Congress the privilege of attending international aviation negotiations as an observer if the privilege is requested in advance in writing.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 40105(a)49 App.:1462.Aug. 23, 1958, Pub. L. 85–726, § 802, 72 Stat. 783. 49 App.:1551(b)(1)(B).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(B); added Oct. 24, 1978, Pub. L. 95–504, § 40(a), 92 Stat. 1745. 49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat 2444. 40105(b)49 App.:1502(a).Aug. 23, 1958, Pub. L. 85–726, § 1102(a), 72 Stat. 797; Feb. 15, 1980, Pub. L. 96–192, § 17, 94 Stat. 42. 49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b) (1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. 49 App.:1655(c)(1). 40105(c)49 App.:1502(c).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1102(c), (d); added Feb. 15, 1980, Pub. L. 96–192, § 17, 94 Stat. 43. 49 App.:1551(b)(1)(E). 40105(d)49 App.:1502(d). In subsection (a), the words “government of a foreign country” are substituted for “foreign governments” in 49 App.:1462 and “foreign country” in 49 App.:1502(a) for consistency in the revised title and with other titles of the United States Code. The words “Secretary of Transportation” are substituted for “Department of Transportation” in 49 App.:1551(b)(1)(B) because of 49:102(b). The words “Secretary of State” are substituted for “Department of State” because of 22:2651. In subsection (b)(1), before clause (A), the words “carrying out” are substituted for “exercising and performing . . . powers and duties” for consistency in the revised title and with other titles of the Code. In clause (A), the words “an international agreement” are substituted for “any treaty, convention, or agreement that may be in force between the United States and any foreign country or foreign countries” for consistency and to eliminate unnecessary words. In clause (C), the word “public” is added for consistency in this part. In subsection (b)(2), the words “obligation, duty, or liability arising out of a contract or other” and “heretofore or hereafter” are omitted as surplus. The words “government of a foreign country” are substituted for “foreign country” for consistency in the revised title and with other titles of the Code. The last sentence is inserted to inform the reader that section 40106(b)(2) of the revised title qualifies this subsection. In subsection (c), before clause (1), the words “To assist” are omitted as surplus. The words “carrying out” are substituted for “developing and implementing” for consistency in the revised title and with other titles of the Code. The word “both” is omitted as surplus. In clause (8), the word “authorities” is substituted for “agencies” for consistency in the revised title and with other titles of the Code.

Statutory Notes and Related Subsidiaries

Reciprocal Airworthiness Certification Pub. L. 108–176, title VIII, § 812, Dec. 12, 2003, 117 Stat. 2590, provided that: “(a) In General.—As part of their bilateral negotiations with foreign nations and their civil aviation counterparts, the Secretary of State and the Administrator of the Federal Aviation Administration shall facilitate the reciprocal airworthiness certification of aviation products. “(b) Reciprocal Airworthiness Defined.—In this section, the term ‘reciprocal airworthiness certification of aviation products’ means that the regulatory authorities of each nation perform a similar review in certifying or validating the certification of aircraft and aircraft components of other nations.” Report on Certain Bilateral Negotiations Pub. L. 103–305, title V, § 519, Aug. 23, 1994, 108 Stat. 1600, provided that: “The Secretary shall report every other month to the Committee on Public Works and Transportation [now Committee on Transportation and Infrastructure] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of all active aviation bilateral and multilateral negotiations and informal government-to-government consultations with United States aviation trade partners.”

Reference

Citations & Metadata

Citation

49 U.S.C. § 40105

Title 49, Transportation

Last Updated

Sep 22, 2026

Release point: 119-110