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H.R.3095 / 117th Congress

Fair and Open Skies Act

Placed on the Union Calendar, Calendar No. 470.

Official summary

Version 07 · Reported to House · Dec 20, 2022

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

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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.

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Who introduced it

Rep. DeFazio, Peter A. [D-OR-4] · D–OR

Committees

  • Transportation and Infrastructure Committee
161 cosponsorship records, including any withdrawals

Actions

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  1. Placed on the Union Calendar, Calendar No. 470.

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

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

  4. Ordered to be Reported by Voice Vote.

  5. Committee Consideration and Mark-up Session Held.

  6. Subcommittee on Aviation Discharged.

  7. Referred to the Subcommittee on Aviation.

  8. Referred to the House Committee on Transportation and Infrastructure.

  9. Introduced in House

  10. Introduced in House

Bill text & related measures

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Related bills identified by Congress.gov

Source last updated: Apr 7, 2025. Consult Congress.gov for the current record.

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Neutral evidence review

Objective

Analyze H.R.3095 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

Examine H.R.3095 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

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Institutions and government scope

Conservative lens

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Individual rights and government power

Liberty lens

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