Free to Fly Act

To amend title 49, United States Code, to allow certain persons to own and control an air carrier providing air transportation or intrastate air transportation, and for other purposes. 1. Short title This Act may be cited as the Free to Fly Act 2. Definitions Section 40102(a) of title 49, United States Code, is amended— (1) in paragraph (2) by striking citizen of the United States citizen of the United States, or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States, (2) in paragraph (15)(C)— (A) by striking of which the president and at least two-thirds of the board of directors of which the president and at least 51 percent of the board of directors (B) by striking at least 75 percent of the voting interest at least 51 percent of the voting interest (3) in paragraph (21) by striking not a citizen of the United States who is not organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States (4) in paragraph (26) by striking citizen of the United States citizen of the United States or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States 3. Requirement for certificate Section 41101(b) of title 49, United States Code, is amended— (1) by striking citizen of the United States citizen of the United States or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States (2) in paragraph (1) by striking citizen citizen or other person (3) by redesignating subsection (c) as subsection (d); and (4) by inserting after subsection (b) the following: (c) Additional requirements for non-Citizens operating certain routes In order for a person who is not a citizen of the United States and who is not a foreign air carrier to be issued and maintain a certificate for air transportation or intrastate air transportation, all employees and managing officers, other than the board of directors, must be citizens, nationals, or lawful permanent residents of the United States, and the person’s headquarters and base of operations must be located in the United States. . 4. Issuance of certificates of public convenience Section 41102 of title 49, United States Code, is amended— (1) by striking the subsection heading in subsection (a) and inserting Issuance to a citizen (2) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; (3) by inserting after subsection (a) the following: (b) Issuance to other persons The Secretary of Transportation may issue a certificate of public convenience and necessity to a person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States, of which more than 49 percent of the board of directors are not citizens of the United States, which is not under the actual control of citizens of the United States, or in which more than 49 percent of the voting interest is owned or controlled by persons that are not citizens of the United States, to provide any part of the following air transportation the person has applied for under section 41108 of this title: (1) Air transportation as an air carrier. (2) Temporary air transportation as an air carrier for a limited period. (3) Charter air transportation as a charter air carrier. ; (4) in subsection (c), as redesignated— (A) by striking under subsection (a) under subsection (a) or subsection (b) (B) by striking citizen citizen or other person (5) by striking subsection (e), as redesignated, and inserting the following: (e) Presidential review of certain certificates The Secretary shall submit each decision to the President under section 41307 of this title authorizing— (1) the provision of foreign air transportation; or (2) the provision of interstate air transportation or intrastate air transportation by a person who is not a citizen of the United States. . 5. Civil Reserve Air Fleet eligibility Section 41106 of title 49, United States Code, is amended by striking subsection (d) and inserting the following: (d) Exception The Secretary of Defense may contract with an air carrier that does not meet all requirements if— (1) the Secretary decides that no air carrier holding a certificate under section 41102 is capable of providing, and willing to provide, the airlift services; or (2) the Secretary decides to grant a waiver under section 9518 of title 10, United States Code, for a person who is not a citizen of the United States and who is organized under the laws of the United States that has a certificate of public convenience and necessity, from the Civil Reserve Air Fleet citizenship requirements for the purposes of eligibility and participation. . 6. Application for certificate of public convenience Section 41108 of title 49, United States Code, is amended— (1) in subsection (a) by striking citizen of the United States citizen of the United States or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States (2) in subsections (b) and (c) by striking citizen citizen or other person (3) in subsection (b)(3)(A) by striking interstate air transportation interstate air transportation provided by a citizen (4) in subsection (b)(3)(B) by striking foreign air transportation interstate air transportation or intrastate air transportation by a person who is not a citizen of the United States, or foreign air transportation, 7. Potential revocation of certificate Section 41110(a)(2)(B) of title 49, United States Code, is amended by striking sections 41308–41310(a) sections 41101(c), 41308–41310(a) 8. Liability insurance and financial responsibility Section 41112(a) of title 49, United States Code, is amended— (1) by striking citizen of the United States citizen of the United States, or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States (2) by striking citizen citizen or other person 9. Presidential review of foreign air carriers and other non-citizens Section 41307 of title 49, United States Code, is amended— (1) by striking the section heading and inserting Presidential review of actions about foreign air transportation and air transportation provided by non-citizens (2) by striking to provide foreign air transportation to provide foreign air transportation, or for a person who is not a citizen of the United States to provide air transportation or intrastate air transportation 10. Joint pricing Section 41503 of title 49, United States Code, is amended by striking citizen of the United States a citizen of the United States or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States 11. Navigation of foreign civil aircraft Section 41703(a) of title 49, United States Code, is amended— (1) in paragraph (4) by striking the period and inserting ; or (2) by adding at the end the following: (5) if specifically authorized under sections 41102 and 41108, and if the airman holds a certificate issued or made valid by the Government. . 12. Waivers for non-citizen air carrier participation in the Civil Reserve Air Fleet (a) In general Chapter 931 9518. Non-citizen air carriers: waiver authority (a) Waiver authority In the case of any air carrier described in subsection (b) or any aircraft owned by an air carrier described in subsection (b), the Secretary of Defense may waive any citizenship requirement under this chapter. Any such waiver— (1) shall be for a period not to exceed two years; (2) may be revoked at any time by the Secretary; and (3) may be renewed for an additional two-year period for an unlimited number of times. (b) Air carrier described An air carrier described in this section is an air carrier— (1) owned by a person who is not a citizen of the United States and who is organized under the laws of the United States or a State, territory, or the District of Columbia; and (2) that holds a certificate of public convenience and necessity under section 41102 of title 49. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 9518. Non-citizen air carriers: waiver authority. .

Summary: Free to Fly Act The bill modifies definitions relating to aviation to permit a foreign air carrier to own U.S. domestic air routes. The foreign carrier may establish U.S.-based subsidiaries for such purpose. All foreign-owed air carriers that obtain a certificate to fly domestic routes may only hire U.S. citizens or nationals, or permanent legal residents. The Department of Transportation (DOT) may issue a certificate of public convenience and necessity to a foreign air carrier with a board of directors that is comprised of more than 49% non-U.S. citizens. The bill expands the scope of the President's review of DOT actions involving foreign air carriers. The Department of Defense may waive citizenship requirements for certain foreign air carriers participating in the civil reserve air fleet.