AMENDMENT OFFERED BY MR. DEFAZIO
Mr. DEFAZIO. Mr. Chairman, I have an amendment at the desk. The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows: At the end of the bill (before the short title), insert the following: SEC. ll. None of the funds made available
by this Act may be used to approve a new foreign air carrier permit under sections 41301 through 41305 of title 49, United States
Code, or exemption application under section 40109 of that title of an air carrier already holding an air operators certificate issued by
a country that is party to the U.S.–E.U.–Iceland–Norway Air Transport Agreement where such approval would contravene
United States law or Article 17 bis of the U.S.–E.U.–Iceland–Norway Air Transport Agreement.
Mr. DEFAZIO (during the reading).
Mr. Chairman, I ask unanimous consent that we dispense with the reading of the amendment.
The Acting CHAIR. Is there objection to the request of the gentleman from Oregon?
Mr. LATHAM. I object.
The Acting CHAIR. Objection is heard.
The Clerk will read. The Clerk continued to read.
The Acting CHAIR. The gentleman from Oregon is recognized for 5 minutes. b 2200
Mr. DEFAZIO. Mr. Chairman, these limitation amendments often don’t go to matters of national security.
Mr. LATHAM. Will the gentleman yield?
Mr. DEFAZIO. I yield to the gentleman from Iowa.
Mr. LATHAM. The reason I objected is we weren’t sure as to what the amendment was, and we would accept the amendment.
Mr. DEFAZIO. We won’t take much time if the gentleman just would allow me 1 or 2 minutes.
Mr. LATHAM. If the gentleman doesn’t take much time, we will accept the amendment.
Mr. DEFAZIO. I agree. And Mr. WESTMORELAND will also be brief. This is extraordinarily important, and I
thank the Chair for his indulgence and his support. We, in the Open Skies Agreement with the EU, anticipated that some countries might try and go forum shopping,
that is—like the cruise line industry—look for a nation that has lesser laws regulating labor, safety, and then also allow outsourcing. This
would be a model for Norwegian—for this airline, which does not fly to the United States, to incorporate in Ireland. They would then hire crews from
Malaysia to fly planes based in Singapore and hope to serve the United States with these crews. This is the cruise line model. It is a
recipe for disaster. You shop around the world to find the least regulated, least trained, and cheapest labor you can—as has happened with the cruise
line industry—and in this case, in aviation, it will both threaten consumers and national security given the Civil Reserve Air Fleet requirements of aviation.
With that, I yield to the gentleman from Georgia (Mr. WESTMORELAND).
Mr. WESTMORELAND. I thank the gentleman for yielding.
Mr. Chair, a subsidiary of the Norway-based Norwegian Air Shuttle, NAS, Norwegian Air International, is seeking to operate as an Irish airline
and plans to conduct overseas flights from Europe to the U.S. NAI has been granted an Irish Air Operator’s Certificate, but still has an application for a
foreign air carrier permit pending with the U.S. DOT. It appears that the NAI plans for its pilots to work under individual employment contracts that are governed
by Singapore law that contains wages and working conditions substantially inferior to those of NAS’s Norwaybased pilots. These contracts will be
with a Singapore employment company that will rent the pilots to NAI. Although it seeks to become an Irish airline, it appears that NAI will not be operating
air transportation services from Ireland. This raises a question about how regulatory oversight of NAI’s operations will be conducted.
The United States has the highest, most competitive airline industry in the world, the safest regulations, and so, I hope that we will adopt this DeFazio-
Westmoreland amendment.
Mr. DEFAZIO. With that, I yield back the balance of my time.
Mr. LATHAM. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from Iowa is recognized for 5 minutes.
Mr. Chairman, I am going to accept the amendment, but I just want to make it clear that this really states the obvious, that basically we are saying
that you can’t approve something that contravenes U.S. law or article 17 of the Air Transport Agreement. If so, it is obviously stating what is already
law and really is nothing new. I yield back the balance of my time.
Mr. PASTOR of Arizona. Mr. Chairman, I move to strike the last word.
The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
Mr. PASTOR of Arizona. I yield to the gentleman from Oregon (Mr. DEFAZIO).
Mr. DEFAZIO. Mr. Chair, I thank the gentleman for yielding. It is not so obvious with this administration. They are desperate for the TPP, they are
desperate for the trans-America free trade agreement, and we are very worried that they would think that disapproving this application from Ireland
representing Norway, who intends to operate a rent-an-airline, rent-a-crew from Singapore, would somehow derail their talks. So I don’t think it is obvious.
This is sending a message to the White House that we are not going to let this happen.
With that, I thank the gentleman.
Mr. PASTOR of Arizona. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the gentleman from Oregon (Mr. DEFAZIO).
The amendment was agreed to.