BIPARTISAN GROUP OF U.S. HOUSE MEMBERS INTRODUCE “FAIR AND OPEN SKIES ACT”
August 19, 2019
On July 9, 2019, U.S. House of Representatives Transportation and Infrastructure Committee Chair Peter DeFazio (D-OR), Aviation Subcommittee Chair Rick Larsen (D-WA), Aviation Subcommittee Vice Chair Sharice Davids (D-KS), Representative Rodney Davis (R-IL), and Representative Drew Ferguson (R-GA) introduced the Fair and Open Skies Act (H.R. 3632).
The Act addresses airline labor standards by preventing foreign carriers operating to the United States from using so-called “flags of convenience”. A “flag of convenience carrier” is defined in the legislation as “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.” The legislation also specifically references “preventing the undermining of labor standards”.
The Fair and Open Skies Act is similar to the Flags of Convenience Don’t Fly Here Act (H.R. 2150) that was introduced in the previous session of Congress. This legislation was ultimately blocked from inclusion in the FAA Reauthorization Act, in part due to opposition from industry groups such as Airports Council International-North America. Those opposed to such legislation argue that it could negatively impact air service at U.S. airports due to an arguable breach of the existing Open Skies agreement between the United States and the European Union.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).
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