[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2158 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2158

   To provide for monitoring of aircraft air quality, to require air 
carriers to produce certain mechanical and maintenance records, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 13, 2001

  Mr. Nadler introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
   To provide for monitoring of aircraft air quality, to require air 
carriers to produce certain mechanical and maintenance records, 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 ``Aircraft Clean Air Act of 2001''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) Air carrier, aircraft, and air transportation.--The 
        terms ``air carrier'', ``aircraft'', and ``air transportation'' 
        have the meaning such terms have under section 40102 of title 
        49, United States Code.
            (3) Aircraft air quality incident.--The term ``aircraft air 
        quality incident'' means an incident in an aircraft used in air 
        transportation which results in crew members or passengers 
        reporting a symptom that is consistent with exposure to 
        neurotoxins or asphyxiants. Such symptoms include dizziness, 
        fainting, disorientation, memory loss, peripheral neuropathy, 
        muscle tremors, muscle twitching, or tunnel vision.
            (4) Mechanical and maintenance records.--The term 
        ``mechanical and maintenance records'' with respect to an 
        aircraft involved in an aircraft air quality incident includes 
        records regarding the use of, and any loss or leakage of, 
        hydraulic fluids, lubrication oils, or fuel, and records 
        regarding any repairs that are, or could be, reported under the 
        Air Transport Association Specifications, including chapter 
        2100 (Air Conditioning), chapter 2900 (Hydraulic Power), 
        chapter 3600 (Pneumatics), chapter 4900 (Airborne Auxiliary 
        Power), and chapter 7200 (Engine).

SEC. 3. DISCLOSURE OF MAINTENANCE RECORDS.

    (a) Request Made to Administrator.--
            (1) In general.--Any crew member, passenger, or their 
        representative that experiences an aircraft air quality 
        incident may file, not later than 30 days after the incident, a 
        request with the Administrator for the mechanical and 
        maintenance records of the aircraft involved in the aircraft 
        air quality incident. The request may cover records with 
        respect to the aircraft for the 90-day period preceding the 
        incident and the 30-day period following the incident.
            (2) Special rule for previous 5-year period.--Any crew 
        member, passenger, or their representative that experienced an 
        aircraft air quality incident in the 5-year period preceding 
        the date of enactment of this Act may file a request with the 
        Administrator for the mechanical and maintenance records of the 
        aircraft involved in the aircraft air quality incident if the 
        request is made not later than 90 calendar days after the date 
        of enactment of this Act.
            (3) Verification by health care professional.--A request 
        described in paragraph (1) must include a statement by a health 
        care professional verifying that the individual making the 
        request reported at least 1 symptom described in section 2(3).
    (b) Request Forwarded to Air Carrier.--Within 30 calendar days of 
receiving a request described in subsection (a), the Administrator 
shall record receipt of that request and forward it to the air carrier.
    (c) Information To Be Disclosed.--An air carrier that receives a 
request described in subsection (a) shall provide the requested records 
to the individual making that request--
            (1) not later than 15 calendar days after receiving the 
        request described in subsection (a)(1); or
            (2) not later than 30 calendar days after receiving a 
        request described in subsection (a)(2).
    (d) Civil Penalty for Noncompliance.--
            (1) In general.--Any air carrier that does not produce any 
        records requested pursuant to this section shall be subject to 
        a civil penalty of $1,000 for each day that the air carrier 
        fails to produce the records.
            (2) Fines increased for inflation.--In the case of any 
        calendar year beginning after 2001, the dollar amount described 
        in paragraph (1) shall be increased by an amount equal to--
                    (A) such dollar amount, multiplied by
                    (B) the cost-of-living adjustment determined under 
                section 1(f)(3) of the Internal Revenue Code of 1986 
                (26 U.S.C. 1(f)(3)) for the calendar year in which the 
                fine is assessed, determined by substituting ``calendar 
year 2000'' for ``calendar year 1992'' in subparagraph (B) of such 
section 1(f)(3).
    (e) Retention of Mechanical and Maintenance Records.--The 
Administrator shall require that air carriers retain mechanical and 
maintenance records for a period of not less than 5 years, or for such 
longer period if required under any other provision of law.
    (f) Retention of Related Materials and Documents.--The 
Administrator shall require that air carriers retain all reports, 
investigative documents, studies, data, memos, and letters relating to 
or arising from any complaint, report, or request regarding air quality 
on aircraft for a period of not less than 10 years.

SEC. 4. RELEASE OF FILTRATION MEDIA.

    (a) Request Made to Administrator.--
            (1) In general.--Any crew member, passenger, or their 
        representative that experiences an aircraft air quality 
        incident may file a request with the Administrator not later 
        than 30 days after the incident for the filtration media used 
        in the air supply system of the aircraft involved in that 
        aircraft air quality incident.
            (2) Verification by health care professional.--A request 
        described in paragraph (1) must include a statement by a health 
        care professional verifying that the individual making the 
        request reported at least 1 symptom described in section 2(3).
    (b) Request Forwarded to Air Carrier.--Within 30 calendar days of 
receiving a request described in subsection (a), the Administrator 
shall record receipt of that request and forward it to the air carrier.
    (c) Media To Be Provided.--An air carrier that receives a request 
described in subsection (a) shall provide the filtration media to the 
Administrator not later than 30 calendar days after replacing the 
requested filtration media.
    (d) Action by Administrator.--
            (1) In general.--Not later than 30 days after receipt of 
        filtration media under subsection (c), the Administrator 
        shall--
                    (A) analyze the media to determine the content and 
                chemical properties of any materials contained in the 
                filtration media; and
                    (B) provide the results of the analysis performed 
                under subparagraph (A) to the individual making the 
                request in subsection (a).
            (2) Retention of information.--The Administrator shall 
        retain the results of any analysis performed under paragraph 
        (1) for a period of not less than 5 years.
    (e) Civil Penalty for Noncompliance.--
            (1) In general.--Any air carrier that does not produce a 
        filtration media requested pursuant to this section shall be 
        subject to a civil penalty of $1,000 for each day that the air 
        carrier fails to produce the media.
            (2) Fines increased for inflation.--In the case of any 
        calendar year beginning after 2001, the dollar amount described 
        in paragraph (1) shall be increased by an amount equal to--
                    (A) such dollar amount, multiplied by
                    (B) the cost-of-living adjustment determined under 
                section 1(f)(3) of the Internal Revenue Code of 1986 
                (26 U.S.C. 1(f)(3)) for the calendar year in which the 
                fine is assessed, determined by substituting ``calendar 
                year 2000'' for ``calendar year 1992'' in subparagraph 
                (B) of such section 1(f)(3).
    (f) Retention of Filtration Media.--The Administrator shall require 
that an air carrier retain and properly store all filtration media for 
a period of not less than 45 days after any filtration media is 
replaced.

SEC. 5. DISCLOSURE OF INFORMATION ON PRODUCTS USED IN THE MAINTENANCE, 
              OPERATION, OR TREATMENT OF AIRCRAFT.

    (a) Request Made to the Administrator.--
            (1) In general.--Any crew member, passenger, or their 
        representative may file a request with the Administrator for 
        information on the chemical constituents of products (either 
        alone or in combination, including the byproducts generated by 
        thermal degradation or decomposition of those products) used in 
        the maintenance, operation, or treatment of aircraft to which a 
        crew member or passenger may be or may have been directly 
        exposed.
            (2) Special rule for the previous 5-year period.--Any crew 
        member, passenger, or their representative may file a request 
        with the Administrator for the information described in 
        paragraph (1) regarding a product that was used during the 5-
        year period preceding the date of enactment of this Act if the 
        request is made not later than 90 calendar days after the date 
        of enactment of this Act.
    (b) Request Forwarded to Air Carrier.--Within 30 calendar days of 
receiving a request described in subsection (a), the Administrator 
shall record receipt of that request and forward it to the air carrier.
    (c) Information To Be Disclosed.--
            (1) In general.--An air carrier that receives a request 
        described in subsection (a) shall provide the information to 
        the individual making that request--
                    (A) not later than 15 calendar days after receiving 
                a request described in subsection (a)(1); and
                    (B) not later than 30 days after receiving a 
                request described in subsection (a)(2).
            (2) Information to be included.--An air carrier shall 
        provide to a person making a request described in subsection 
        (a) the following:
                    (A) Information on the toxicity and toxicology of 
                the products described in subsection (a).
                    (B) Any report of an aircraft air quality incident, 
                including any first aid and medical treatment or tests 
                required by any person in connection with the aircraft 
                air quality incident.
                    (C) Any monitoring data, including measurements of 
                exposures of personnel in the work environment, 
                measurements of ambient air and surface contamination 
                in the work environment, and in-duct measurements.
                    (D) All reports, investigative documents, studies, 
                memos, and letters related to or arising from any 
                complaint, report, or request regarding air quality on 
                aircraft.
                    (E) Any health or symptom survey distributed to 
                crew members.
    (d) Civil Penalty for Noncompliance.--
            (1) In general.--Any air carrier that does not produce any 
        information requested pursuant to this section shall be subject 
        to a civil penalty of $1,000 for each day that the carrier 
        fails to produce the information.
            (2) Fines increased for inflation.--In the case of any 
        calendar year beginning after 2001, the dollar amount described 
        in paragraph (1) shall be increased by an amount equal to--
                    (A) such dollar amount, multiplied by
                    (B) the cost-of-living adjustment determined under 
                section 1(f)(3) of the Internal Revenue Code of 1986 
                (26 U.S.C. 1(f)(3)) for the calendar year in which the 
                fine is assessed, determined by substituting ``calendar 
                year 2000'' for ``calendar year 1992'' in subparagraph 
                (B) of such section 1(f)(3).
    (e) Retention of Information on Products and Byproducts.--The 
Administrator shall require that an air carrier retain the records 
described in this section for a period of not less than 5 years, or for 
such longer period as is under any other provision of law.
    (f) Relationship to Other Disclosures.--The information required to 
be provided under this section shall be provided to the crew member, 
passenger, or their representative in addition to any information 
provided in the material safety data sheet.

SEC. 6. CABIN PRESSURIZATION.

    (a) Study of Cabin Oxygen Levels.--The Administrator, in 
consultation with the National Academy of Sciences Committee on Air 
Quality in Passenger Cabins of Commercial Aircraft, shall award a grant 
to an eligible applicant described in subsection (b) to conduct an 
aeromedical research study to determine what cabin altitude must be 
maintained to provide sufficient oxygen to ensure that the short- and 
long-term health of 95 percent of a representative sample of cabin crew 
and passengers is not adversely affected.
    (b) Eligible Applicant.--An eligible applicant described in this 
subsection is an expert in an appropriate academic field who is 
affiliated with a school of public or occupational health that does not 
receive funding from the airline industry.
    (c) Elements of the Study.--The study shall include--
            (1) measurements of blood oxygen saturation collected at 
        cabin altitudes that range from 5,000 to 8,000 feet from a 
        sample of crew members and passengers selected to represent the 
        range of weight and health considerations that could affect 
        blood oxygen transport (including cardiovascular and 
        respiratory conditions); and
            (2) a review of existing data and published literature.
    (d) Report.--The eligible applicant selected to receive the grant 
under this section shall complete the study and submit a report 
regarding the results of the study to the Administrator not later than 
18 months after the receipt of the grant funds.
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