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 Kan-
sas, Mr. LAMB, Mr. KAHELE, Mr. RODNEY DAVIS of Illinois, Mr. FER-
GUSON, Mr. BACON, Mr. BERGMAN, and Mr. JOHNSON of Ohio) intro-
duced the following bill; which was referred to the Committee on Trans-
portation 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 Representa-
tives 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’’. 
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SEC. 2. FOREIGN AIR TRANSPORTATION UNDER UNITED 
STATES-EUROPEAN UNION AIR TRANSPORT 
AGREEMENT. 
The Secretary of Transportation may not issue a per-
mit under section 41302 of title 49, United States Code, 
or an exemption under section 40109 of such title, author-
izing 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 amend-
ed), unless the Secretary— 
(1) finds that issuing the permit or exemption 
would be consistent with Article 17 bis of the Agree-
ment; 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 for-
eign air transportation’’ and inserting ‘‘after consid-
ering the totality of the circumstances, including the 
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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 fol-
lowing: 
‘‘(17) preventing entry into United States mar-
kets by flag of convenience carriers. 
‘‘(18) preventing the undermining of labor 
standards.’’. 
(b) INTERNATIONAL AIR TRANSPORTATION.—Sec-
tion 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 
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(2) by inserting after paragraph (20) the fol-
lowing: 
‘‘(21) ‘flag of convenience carrier’ means a for-
eign air carrier that is established in a country other 
than the home country of its majority owner or own-
ers in order to avoid regulations of the home coun-
try.’’. 
Æ 
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