I 

115TH CONGRESS 

1ST SESSION H. R. 2150 

To ensure that permits issued by the Secretary of Transportation to foreign 

air carriers under the United States-European Union Air Transport 

Agreement of April 2007 do not undermine labor rights or standards, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2017 

Mr. DEFAZIO (for himself, Mr. LOBIONDO, Mr. LARSEN of Washington, and 

Mr. FERGUSON) introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To ensure that permits issued by the Secretary of Transportation to foreign air carriers under the United StatesEuropean Union Air Transport Agreement of April 2007 

do not undermine labor rights or standards, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Flags of Convenience 

5 Don’t Fly Here Act’’. 

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1 SEC. 2. FOREIGN AIR TRANSPORTATION UNDER UNITED 

2 STATES-EUROPEAN UNION AIR TRANSPORT 

3 AGREEMENT. 

4 The Secretary of Transportation may not issue a per5 mit under section 41302 of title 49, United States Code, 

6 or an exemption under section 40109 of such title, author7 izing a person to provide foreign air transportation as a 

8 foreign air carrier under the United States-European 

9 Union Air Transport Agreement of April 2007 (as amend10 ed) in a proceeding in which the applicability of Article 

11 17 bis of such Agreement has been raised by an interested 

12 person, unless the Secretary— 

13 (1) finds that issuing the permit or exemption 

14 would be consistent with the intent set forth in Arti15 cle 17 bis of the Agreement, that opportunities cre16 ated by the Agreement do not undermine labor 

17 standards or the labor-related rights and principles 

18 contained in the laws of the respective parties to the 

19 Agreement; and 

20 (2) imposes on the permit or exemption such 

21 conditions as may be necessary to ensure that the 

22 person complies with the intent of Article 17 bis. 

23 SEC. 3. PUBLIC INTEREST TEST. 

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

25 amended— 

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1 (1) in subparagraph (A) by striking ‘‘under an 

2 agreement with the United States Government; or’’ 

3 and inserting ‘‘; and’’; and 

4 (2) in subparagraph (B) by striking ‘‘the for5 eign air transportation’’ and inserting ‘‘after consid6 ering the totality of the circumstances, including the 

7 factors set forth in section 40101(a), the foreign air 

8 transportation’’. 

9 SEC. 4. PUBLIC INTEREST REQUIREMENTS. 

10 (a) POLICY.—Section 40101(a) of title 49, United 

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘(17) preventing entry into United States mar14 kets by flag of convenience carriers.’’. 

15 (b) INTERNATIONAL AIR TRANSPORTATION.—Sec16 tion 40101(e)(9) of title 49, United States Code, is 

17 amended— 

18 (1) in subparagraph (D) by striking ‘‘and’’ at 

19 the end; 

20 (2) in subparagraph (E) by striking the period 

21 at the end and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(F) erosion of labor standards associated 

24 with flag of convenience carriers.’’. 

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1 (c) FLAG OF CONVENIENCE CARRIER DEFINED.— 

2 Section 40102(a) of title 49, United States Code, is 

3 amended— 

4 (1) by redesignating paragraphs (21) through 

5 (47) as paragraphs (22) through (48), respectively; 

6 and 

7 (2) by inserting after paragraph (20) the fol8 lowing: 

9 ‘‘(21) ‘flag of convenience carrier’ means a for10 eign air carrier that is established in a country other 

11 than the home country of its majority owner or own12 ers in order to avoid regulations of the home coun13 try.’’. 

Æ 

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