H.R. 3095 · 117th Congress · House

Fair and Open Skies Act

Active· Placed on the Union Calendar, Calendar No. 470.
Introduced
May 11, 21
Passed House
Pending
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending

Executive Summary

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.

Previous Versions

00May 11, 2021

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.

Action Timeline

10
  1. DEC 20, 2022Committee

    Reported by the Committee on Transportation and Infrastructure. H. Rept. 117-651.

    117Yea
    651Nay
    0NV
  2. DEC 20, 2022Committee

    Reported by the Committee on Transportation and Infrastructure. H. Rept. 117-651.

    117Yea
    651Nay
    0NV
  3. DEC 20, 2022Calendars

    Placed on the Union Calendar, Calendar No. 470.

  4. JUL 28, 2021Committee

    Subcommittee on Aviation Discharged.

  5. JUL 28, 2021Committee

    Committee Consideration and Mark-up Session Held.

  6. JUL 28, 2021Committee

    Ordered to be Reported by Voice Vote.

  7. MAY 12, 2021Committee

    Referred to the Subcommittee on Aviation.

  8. MAY 11, 2021IntroReferral

    Introduced in House

  9. MAY 11, 2021IntroReferral

    Introduced in House

  10. MAY 11, 2021IntroReferral

    Referred to the House Committee on Transportation and Infrastructure.

Committees

5

Transportation and Infrastructure Committee

hspw00

Referred: Dec 20, 2022

Active

Transportation and Infrastructure Committee

hspw00

Referred: Jul 28, 2021

Active

Aviation Subcommittee

hspw05

Referred: Jul 28, 2021

Active

Aviation Subcommittee

hspw05

Referred: May 12, 2021

Active

Transportation and Infrastructure Committee

hspw00

Referred: May 11, 2021

Active