AIR Act

I 118TH CONGRESS 1ST SESSION H. R. 3109 To direct the Secretary of Transportation to rescind certain no fly zone restrictions, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 5, 2023 Mr. NEHLS (for himself, Mrs. BOEBERT, Mr. BIGGS, Mr. CLYDE, Ms. GREENE of Georgia, Mr. LAMALFA, Mr. PERRY, and Mr. STEUBE) intro- duced the following bill; which was referred to the Committee on Trans- portation and Infrastructure A BILL To direct the Secretary of Transportation to rescind certain no fly zone restrictions, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Airlines Independent 4 of Restrictions Act’’ or the ‘‘AIR Act’’. 5 SEC. 2. NO FLY ZONE REPEAL. 6 (a) IN GENERAL.—Notwithstanding any other provi- 7 sion of law, beginning on the date of enactment of this 8 Act, the Secretary of Transportation shall rescind the 9 VerDate Sep 11 2014 00:06 May 19, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3109.IH H3109 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3109 IH Federal Aviation Administration Notices to Airmen FDC 1 4/3634 and FDC 4/3635 and stop maintaining the restric- 2 tions imposed under such notices. 3 (b) LIMITATION OF AUTHORITY.— 4 (1) IN GENERAL.—Notwithstanding any other 5 provision of law and except as provided in paragraph 6 (2), the Secretary of Transportation may not issue 7 a regulation or a Notice to Air Missions to impose 8 a no fly zone over the covered airspace for a period 9 longer than 30 days. 10 (2) EXCEPTION.—The Secretary may issue a 11 regulation or Notice to Air Missions to impose a no 12 fly zone over the covered airspace for a period longer 13 than 30 days if the Secretary of Transportation, the 14 Secretary of Homeland Security, or the Secretary of 15 Defense transmits to Congress a justification identi- 16 fying the national security concerns and rationale 17 for imposing such a no fly zone of the covered air- 18 space for longer than 30 days. 19 (c) COVERED AIRSPACE DEFINED.—In this section, 20 the term ‘‘covered airspace’’ means the airspace covered 21 under the no fly zone imposed under the Federal Aviation 22 Administration Notices to Airmen FDC 4/3634 and FDC 23 4/3635. 24 Æ VerDate Sep 11 2014 00:06 May 19, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H3109.IH H3109 kjohnson on DSK79L0C42PROD with BILLS