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House Bill 2150
115th Congress(2017-2018)
Flags of Convenience Don't Fly Here Act
Introduced
Introduced
Introduced in House on Apr 26, 2017
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Introduced in House 
Apr 26, 2017
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Introduced in House(Apr 26, 2017)
Apr 26, 2017
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Multiple bills can contain the same text. This could be an identical bill in the opposite chamber or a smaller bill with a section embedded in a larger bill.
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H. R. 2150 (Introduced-in-House)


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 States-European Union Air Transport Agreement of April 2007 do not undermine labor rights or standards, and for other purposes.

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

SECTION 1. Short title.

This Act may be cited as the “Flags of Convenience Don’t Fly Here Act”.

SEC. 2. Foreign air transportation under United States-European Union Air Transport Agreement.

The Secretary of Transportation may not issue a permit under section 41302 of title 49, United States Code, or an exemption under section 40109 of such title, authorizing 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 amended) in a proceeding in which the applicability of Article 17 bis of such Agreement has been raised by an interested person, unless the Secretary—

(1) finds that issuing the permit or exemption would be consistent with the intent set forth in Article 17 bis of the Agreement, 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

(2) imposes on the permit or exemption such conditions as may be necessary to ensure that the person complies with the intent of 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 foreign air transportation” and inserting “after considering the totality of the circumstances, including the 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 following:

“(17) preventing entry into United States markets by flag of convenience carriers.”.

(b) International air transportation.—Section 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) erosion of labor standards associated with flag of convenience carriers.”.

(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

(2) by inserting after paragraph (20) the following:

“(21) ‘flag of convenience carrier’ means 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.”.