I 

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. 

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 ‘‘Fair and Open Skies 

5 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), unless the Secretary— 

11 (1) finds that issuing the permit or exemption 

12 would be consistent with Article 17 bis of the Agree13 ment; and 

14 (2) imposes on the permit or exemption such 

15 conditions as may be necessary to ensure that the 

16 person complies with Article 17 bis. 

17 SEC. 3. PUBLIC INTEREST TEST. 

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

19 amended— 

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

21 agreement with the United States Government; or’’ 

22 and inserting ‘‘; and’’; and 

23 (2) in subparagraph (B) by striking ‘‘the for24 eign air transportation’’ and inserting ‘‘after consid25 ering the totality of the circumstances, including the 


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

2 transportation’’. 

3 SEC. 4. PUBLIC INTEREST REQUIREMENTS. 

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

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘(17) preventing entry into United States mar8 kets by flag of convenience carriers. 

9 ‘‘(18) preventing the undermining of labor 

10 standards.’’. 

11 (b) INTERNATIONAL AIR TRANSPORTATION.—Sec12 tion 40101(e)(9) of title 49, United States Code, is 

13 amended— 

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

15 the end; 

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

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

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

19 ‘‘(F) undermining labor standards.’’. 

20 (c) FLAG OF CONVENIENCE CARRIER DEFINED.— 

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

22 amended— 

23 (1) by redesignating paragraphs (21) through 

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

25 and 


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1 (2) by inserting after paragraph (20) the fol2 lowing: 

3 ‘‘(21) ‘flag of convenience carrier’ means a for4 eign air carrier that is established in a country other 

5 than the home country of its majority owner or own6 ers in order to avoid regulations of the home coun7 try.’’. 

Æ 


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