Sec. 316. International aviation safety assessment program
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Section 44701 of title 49, United States Code, is amended by adding at the end the following: At intervals the Administrator considers necessary in the interests of safety, the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, shall assess the effectiveness of the aviation safety oversight measures carried out by a foreign country— from which a foreign air carrier serves the United States; from which a foreign air carrier seeks to serve the United States; whose air carriers code-share with a United States air carrier; or as the Administrator considers appropriate.
In conducting an assessment under subparagraph (A), the Administrator shall— consult with the appropriate authorities of the government of the foreign country concerned; determine the extent to which such country effectively maintains and carries out its aviation safety oversight measures pursuant to the Convention on International Civil Aviation (in this section referred to as the Chicago Convention ); and use a standard that will result in an analysis of the aviation safety oversight measures carried out by such country based on the minimum standards contained in Annexes 1, 6, and 8 to the Chicago Convention in effect on the date of the assessment.
When the assessment required by this subsection identifies areas of non-compliance to the safety oversight measures in the Chicago Convention, the Administrator shall conduct final discussions with the foreign country within 90 days of the assessment to determine whether the non-compliance findings have been corrected and the foreign country is now in compliance with the applicable international standards for effective aviation safety oversight. If the Administrator determines that the foreign country has corrected identified area of non-compliance by the close of final discussions, the Federal Aviation Administration will issue or continue to issue operations specifications to the foreign operator to enable the United States air service or to the United States operator if the foreign operator is to carry its airline code.
If the Administrator determines that the foreign country has not has corrected identified area of non-compliance by the close of final discussions— immediate notification will be made to the Secretary of Transportation and the Secretary of State, that a condition exists that threatens the safety of passengers, aircraft, or crew traveling to or from the foreign country; and notwithstanding section 40105(b), the Administrator, after consulting with the appropriate civil aviation authority of the foreign country concerned and notification to the Secretary of Transportation and the Secretary of State, may withhold, revoke, or prescribe conditions on the operating authority of a foreign air carrier that provides foreign air transportation.
Notwithstanding subparagraphs
(B)and (C), the Administrator retains the ability to initiate immediate safety oversight action when justified based on available safety information. At the conclusion of the international aviation safety assessment process, the Administrator, after advising the Secretary of Transportation and the Secretary of State, shall inform the foreign country of the determination regarding its compliance to ICAO standards. The determination shall— for foreign countries determined to be compliant in ICAO standards, state that no further action is needed; and for foreign countries determined to be non-compliant in ICAO standards, recommend the actions necessary to bring the aviation safety oversight measures carried out by that country into compliance with the international standards contained in the Chicago Convention, as used by the Federal Aviation Administration in making the assessment. Subject to subparagraph (B), if the Administrator determines that a foreign country does not maintain and carry out effective aviation safety oversight measures, the Administrator shall— notify the appropriate authorities of the government of the foreign country consistent with paragraph (2); publish the identity of the foreign country on the Federal Aviation Administration website, in the Federal Register, and through other mediums to provide notice to the public; transmit the identity of the foreign country to the Secretary of State to inform the relevant travel advisories; and provide the identity of the foreign country and any critical safety information resulting from the assessment to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The Administrator may immediately exercise authority under subparagraph
(A)if the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, determines that a condition exists that threatens the safety of passengers, aircraft, or crew traveling to or from the foreign country. The Administrator shall immediately notify the Secretary of State of a determination under clause
(i)so that the Secretary of State may issue a travel advisory with respect to the foreign country. To meet the need for the public to have timely and accurate information about the aviation safety oversight of foreign countries, the Administrator shall regularly review the activity of foreign air carriers serving the United States and carrying the code of a United States air carrier. Countries with no such operations for an extended period of time, as determined by the Administrator, will be removed from the public listings for inactivity, after advisement with the Secretary of Transportation and the Secretary of State. The Federal Aviation Administration shall use data, tools, and methods in order to ensure transparency and repeatable results of the assessments conducted under this subsection. The Federal Aviation Administration shall ensure that Federal Aviation Administration personnel are properly and adequately trained to carry out the assessments set forth in this subsection, including with respect to ICAO standards and their implementation by foreign countries. Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the assessments conducted under this subsection, including the results of any corrective action period. .