Fair and Open Skies Act

Fair and Open Skies Act

This bill prohibits the Department of Transportation (DOT) from issuing a foreign air carrier permit or an exemption from certain air carrier certificate requirements under the United States-European Union Air Transport Agreement of April 2007, unless DOT

• finds that issuing the permit or exemption would be consistent with Article 17 bis of the agreement, which provides that opportunities created by the agreement do not undermine labor standards or the labor-related rights and principles contained in the laws of the respective parties to the agreement; and
• imposes conditions on the permit or exemption necessary to ensure compliance with Article 17 bis.

The bill modifies policy considerations relating to air carrier certificates to require DOT to consider preventing entry into U.S. markets by flag of convenience carriers (i.e., foreign air carriers established in a country other the home country of their majority owner in order to avoid regulations of the home country) and preventing the undermining of labor standards.

In carrying out such air carrier certificate requirements, DOT must consider preventing entry of flag of convenience carriers into U.S. markets as being in the public interest and consistent with public convenience and necessity for safety in air transportation and air commerce.

In formulating U.S. international air transportation policy relating to the elimination of discrimination and unfair competition, the Department of State and DOT must include in their considerations the undermining of labor standards.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3095 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 3095

To ensure that authorizations issued by the Secretary of Transportation 
to foreign air carriers do not undermine labor rights or standards, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2021

   Mr. DeFazio (for himself, Mr. Larsen of Washington, Ms. Davids of 
    Kansas, Mr. Lamb, Mr. Kahele, Mr. Rodney Davis of Illinois, Mr. 
 Ferguson, Mr. Bacon, Mr. Bergman, and Mr. Johnson of Ohio) introduced 
      the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To ensure that authorizations issued by the Secretary of Transportation 
to foreign air carriers do not undermine labor rights or standards, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. FOREIGN AIR TRANSPORTATION UNDER UNITED STATES-EUROPEAN UNION 
              AIR TRANSPORT AGREEMENT.

    The Secretary of Transportation may not issue a permit under 
section 41302 of title 49, United States Code, or an exemption under 
section 40109 of such title, authorizing a person to provide foreign 
air transportation as a foreign air carrier under the United States-
European Union Air Transport Agreement of April 2007 (as amended), 
unless the Secretary--
            (1) finds that issuing the permit or exemption would be 
        consistent with Article 17 bis of the Agreement; and
            (2) imposes on the permit or exemption such conditions as 
        may be necessary to ensure that the person complies with 
        Article 17 bis.

SEC. 3. 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''.

SEC. 4. PUBLIC INTEREST REQUIREMENTS.

    (a) Policy.--Section 40101(a) of title 49, United States Code, is 
amended by adding at the end the following:
            ``(17) preventing entry into United States markets by flag 
        of convenience carriers.
            ``(18) preventing the undermining of labor standards.''.
    (b) International Air Transportation.--Section 40101(e)(9) of title 
49, United States Code, is amended--
            (1) in subparagraph (D) by striking ``and'' at the end;
            (2) in subparagraph (E) by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(F) undermining labor standards.''.
    (c) Flag of Convenience Carrier Defined.--Section 40102(a) of title 
49, United States Code, is amended--
            (1) by redesignating paragraphs (21) through (47) as 
        paragraphs (22) through (48), respectively; and
            (2) by inserting after paragraph (20) the following:
            ``(21) `flag of convenience carrier' means a foreign air 
        carrier that is established in a country other than the home 
        country of its majority owner or owners in order to avoid 
        regulations of the home country.''.
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