S. 1752 – Fair and Open Skies Act

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Updated January 20, 2026 at 7:54 AM UTC

The Fair and Open Skies Act changes how the U.S. evaluates permits for foreign airlines. It updates the public‑interest test language and adds a new requirement that permits not undermine U.S. labor standards. The changes affect foreign air carriers seeking permission to operate in the United States and the agencies that review those permits.

Key Provisions

Amends the public‑interest test in 49 U.S.C. § 41302 by removing the phrase “under an agreement with the United States Government” and clarifying that the test considers the totality of circumstances, including factors from § 40101(a).
Adds a new policy factor (17) to 49 U.S.C. § 40101(a) stating that permits must prevent the undermining of labor standards.
Adds a new factor (11) to 49 U.S.C. § 40101(e) for international air transportation, also requiring that permits prevent the undermining of labor standards.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Commerce, Science, and Transportation.

Commerce, Science, and Transportation Committee

May 18, 2023

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SenateIntro Referral

Introduced in Senate

May 18, 2023

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation.

Commerce, Science, and Transportation Committee

May 18, 2023

Bill Text

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Introduced in SenateIssued May 18, 2023

II

118th CONGRESS

1st Session

S. 1752

IN THE SENATE OF THE UNITED STATES

May 18, 2023

Ms. Klobuchar (for herself and Mr. Marshall) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To amend the permitting requirements of foreign air carriers, and for other purposes.

1.

Short title

This Act may be cited as the Fair and Open Skies Act.

2.

Permit requirements of foreign air carriers

(a)

Public interest test

Section 41302(2) of title 49, United States Code, is amended—

(1)

in subparagraph (A), by striking under an agreement with the United States Government; or and inserting ; and; and

(2)

in subparagraph (B), by striking the foreign air transportation and inserting after considering the totality of the circumstances, including the factors set forth in section 40101(a), the foreign air transportation.

(b)

Public interest requirements

(1)

Policy

Section 40101(a) of title 49, United States Code, is amended by adding at the end the following:

(17)

preventing the undermining of labor standards.

.

(2)

International air transportation

Section 40101(e) of title 49, United States Code, is amended by adding at the end the following:

(11)

preventing the undermining of labor standards.

.