[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5119 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 370
116th CONGRESS
  2d Session
                                H. R. 5119

                          [Report No. 116-462]

To amend title 49, United States Code, to require certain air carriers 
to provide reports with respect to maintenance, preventive maintenance, 
                or alterations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 15, 2019

 Mr. DeFazio (for himself, Ms. Brownley of California, Mr. Garamendi, 
  Mr. Garcia of Illinois, Ms. Norton, Mr. Sires, Mr. Pappas, and Mr. 
    Katko) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

                             July 29, 2020

Additional sponsors: Mr. Fitzpatrick, Mr. Carson of Indiana, Mr. Smith 
 of New Jersey, Mr. Lipinski, Mrs. Fletcher, Mr. Pocan, Mrs. Demings, 
                 Mr. Bacon, Mr. Lynch, and Mr. Horsford

                             July 29, 2020

   Reported from the Committee on Transportation and Infrastructure; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to require certain air carriers 
to provide reports with respect to maintenance, preventive maintenance, 
                or alterations, 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 ``Safe Aircraft Maintenance Standards 
Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the safety of the United States aviation system 
        requires the highest standards for aircraft maintenance, 
        repair, and overhaul work;
            (2) the safety of aircraft operated by United States air 
        carriers should not be dependent on the location where 
        maintenance, repair, and overhaul work is performed; and
            (3) the Federal Aviation Administration must fully enforce 
        its standards for maintenance, repair, and overhaul work at 
        every facility, whether in the United States or abroad, where 
        such work is performed on aircraft operated by United States 
        air carriers.

SEC. 3. OVERSIGHT OF REPAIR STATIONS LOCATED OUTSIDE THE UNITED STATES.

    (a) In General.--Section 44733 of title 49, United States Code, is 
amended--
            (1) in the heading by striking ``Inspection'' and inserting 
        ``Oversight'';
            (2) in subsection (e)--
                    (A) by inserting ``, without prior notice,'' after 
                ``annually''; and
                    (B) by striking the last sentence and inserting 
                ``The Administrator may carry out announced or 
                unannounced inspections in addition to the annual 
                unannounced inspection required under this subsection 
                based on identified risks.'';
            (3) by redesignating subsection (g) as subsection (k); and
            (4) by inserting after subsection (f) the following:
    ``(g) Data Analysis.--
            ``(1) In general.--An air carrier conducting operations 
        under part 121 of title 14, Code of Federal Regulations, shall 
        provide to the responsible Flight Standards office of the 
        Administration, not later than the last day of each calendar 
        month, a report containing the information described in 
        paragraph (2) with respect to maintenance, preventive 
        maintenance, or alteration of an aircraft that is performed 
        during the preceding calendar month.
            ``(2) Information required.--A report under paragraph (1) 
        shall contain the following information:
                    ``(A) The location where any maintenance, 
                preventive maintenance, or alteration was performed 
                outside the United States.
                    ``(B) A description of the work performed at each 
                such location.
                    ``(C) The date of completion of the work performed 
                at each such location.
                    ``(D) The total man-hours associated with 
                completing the work performed at each such location.
                    ``(E) A list of all failures, malfunctions, or 
                defects affecting the safe operation of an aircraft 
                identified by the air carrier as requiring corrective 
                action after return to service, organized by reference 
                to aircraft registration number.
                    ``(F) The certificate number of the person 
                approving an aircraft, or a powerplant or part, for 
                return to service following completion of the work 
                performed at each such location.
            ``(3) Updates.--Not later than 180 days after the date on 
        which an aircraft returns to service, an air carrier shall 
        update the information described in paragraph (2)(E) with 
        respect to any failure, malfunction, or defect discovered by 
        the air carrier following return to service during such period.
            ``(4) Analysis.--The Administrator shall--
                    ``(A) analyze reports submitted under paragraph (1) 
                of this subsection and sections 121.703, 121.705, 
                121.707, and 145.221 of title 14, Code of Federal 
                Regulations, or any successor provisions, to detect 
                safety issues associated with maintenance, preventive 
                maintenance, and alterations performed outside the 
                United States; and
                    ``(B) require appropriate actions in response to 
                such reports.
    ``(h) Annual Reporting Requirement.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, and annually thereafter, each air 
        carrier conducting operations under part 121 of title 14, Code 
        of Federal Regulations, shall upload to the online repository 
        described in paragraph (2) a report containing--
                    ``(A) a minimum of 1 year of heavy maintenance work 
                history for each aircraft (organized by reference to 
                aircraft registration number) that conducted operations 
                under such part 121 during the previous calendar year;
                    ``(B) the percentage and total number of mechanics 
                carrying out maintenance, preventive maintenance, or 
                alterations on aircraft for the air carrier during the 
                previous year who are employees and who are not 
                employees of the air carrier;
                    ``(C) the percentage and total number of mechanics 
                certified under part 65 of such title carrying out 
                maintenance, preventive maintenance, or alterations on 
                aircraft for the air carrier during the previous year 
                who are based and who are not based in the United 
                States;
                    ``(D) the percentage and total number of mechanics, 
                regardless of certification, carrying out maintenance, 
                preventive maintenance, or alterations on aircraft for 
                the air carrier during the previous year who are based 
                and who are not based in the United States;
                    ``(E) the percentage and total number of mechanics 
                carrying out maintenance, preventive maintenance, or 
                alterations on aircraft for the air carrier during the 
                previous year who are certified under part 65 of such 
                title and who are not certified under part 65 of such 
                title;
                    ``(F) other information to be provided by the air 
                carrier regarding maintenance, safety, and the aircraft 
                fleet of the carrier that is of interest to the 
                traveling public, as determined appropriate by the 
                Administrator;
                    ``(G) all locations where aircraft in the fleet of 
                such air carrier have undergone heavy maintenance work 
                in the past 3 years, listed by total man-hours; and
                    ``(H) all locations where heavy maintenance work on 
                an aircraft may be carried out for the air carrier 
                under an existing contract.
            ``(2) Online repository.--The Administrator shall establish 
        an online repository for information submitted under paragraph 
        (1) that allows an air carrier to electronically upload the 
        data required to be submitted under such paragraph.
    ``(i) International Standards for Safety Oversight of Civil 
Aviation.--
            ``(1) Applications and requests for renewal.--
                    ``(A) In general.--The Administrator may not 
                approve any application or request for renewal under 
                part 145 of title 14, Code of Federal Regulations, from 
                a person located or headquartered in a country that the 
                Administration, through the International Aviation 
                Safety Assessment program, has classified as Category 
                2.
                    ``(B) Maintenance implementation procedures 
                agreement.--The Administrator may elect not to enter 
                into a maintenance implementation procedures agreement 
                with a country that the Administrator has classified as 
                Category 2 to the extent the Administrator determines 
                is necessary to comply with the requirements of this 
                subsection.
            ``(2) Continued heavy maintenance work.--No air carrier 
        conducting operations under part 121 of title 14, Code of 
        Federal Regulations, may contract for heavy maintenance work 
        with a person located or headquartered in a country that the 
        Administration, through the International Aviation Safety 
        Assessment program, has classified as Category 2.
    ``(j) Minimum Qualifications for Mechanics and Others Working on 
U.S.-Registered Aircraft.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, the Administrator shall require 
        that, at each covered repair station--
                    ``(A) all supervisory personnel are appropriately 
                certificated as a mechanic or repairman under part 65 
                of title 14, Code of Federal Regulations;
                    ``(B) all personnel authorized to approve an 
                article for return to service are appropriately 
                certificated as a mechanic or repairman under part 65 
                of such title; and
                    ``(C) all personnel performing required inspections 
                under part 145 of such title are appropriately 
                certificated as a mechanic or repairman under part 65 
                of such title.
            ``(2) Physical presence.--Not later than 1 year after the 
        date of enactment of this subsection, the Administrator shall 
        require that any individual who is responsible for 
        authorization of return of an article to service or who is 
        directly in charge of maintenance, preventive maintenance, or 
        alterations performed on aircraft operated under part 121 of 
        title 14, Code of Federal Regulations--
                    ``(A) be physically present near the aircraft and 
                available for consultation while work is being 
                performed; or
                    ``(B) personally perform the work.''.
    (b) Definition of Covered Repair Station.--
            (1) In general.--Section 44733(k) of title 49, United 
        States Code (as redesignated by this section), is amended--
                    (A) by redesignating paragraphs (1) through (3) as 
                paragraphs (2) through (4); and
                    (B) by inserting before paragraph (2), as so 
                redesignated, the following:
            ``(1) Covered repair station.--The term `covered repair 
        station' means a facility that--
                    ``(A) is located outside the United States;
                    ``(B) is certificated under part 145 of title 14, 
                Code of Federal Regulations; and
                    ``(C) performs maintenance, preventive maintenance, 
                or alterations of aircraft, including powerplants and 
                parts of such aircraft, operated under part 121 of 
                title 14, Code of Federal Regulations.''.
            (2) Technical amendment.--Section 44733(a)(3) of title 49, 
        United States Code, is amended by striking ``covered part 145 
        repair stations'' and inserting ``part 145 repair stations''.
    (c) Conforming Amendments.--The analysis for chapter 447 of title 
49, United States Code, is amended by striking the item relating to 
section 44733 and inserting the following:

``44733. Oversight of repair stations located outside the United 
                            States.''.

SEC. 4. MORATORIUM.

    (a) Moratorium on Issuance of Part 145 Certificate.--Beginning on 
the date that is 1 year after the date of enactment of this Act, the 
Administrator may not issue any new certificate under part 145 of title 
14, Code of Federal Regulations, with respect to a facility located 
outside the United States until--
            (1) the final rule required under section 2112(b) of the 
        FAA Extension, Safety, and Security Act of 2016 (Public Law 
        114-190) has been issued;
            (2) the Administrator has issued the final rule required 
        under subsection (b); and
            (3) any regulatory changes required by this Act or the 
        amendments made by this Act have been implemented.
    (b) Final Rule on Assessment Requirement.--With respect to any 
employee not covered under the requirements of section 1554.101 of 
title 49, Code of Federal Regulations, the Administrator shall issue a 
final rule that requires a covered repair station to confirm that any 
such employee has successfully completed an assessment commensurate 
with a security threat assessment described in subpart C of part 1540 
of such title.

SEC. 5. DEFINITIONS.

    In this Act, unless otherwise specified, the following definitions 
apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) Covered repair station.--The term ``covered repair 
        station'' means a facility that--
                    (A) is located outside the United States;
                    (B) is certificated under part 145 of title 14, 
                Code of Federal Regulations; and
                    (C) performs maintenance, preventive maintenance, 
                or alterations of aircraft, including powerplants and 
                parts of such aircraft, operated under part 121 of 
                title 14, Code of Federal Regulations.

SEC. 6. TECHNICAL AND CLERICAL AMENDMENTS.

    (a) Section 44737.--Chapter 447 of title 49, United States Code, is 
amended by redesignating the second section 44737 (as added by section 
581 of the FAA Reauthorization Act of 2018) as section 44740.
    (b) Analysis.--The analysis for chapter 447 of title 49, United 
States Code, is amended--
            (1) by striking the item relating to the second section 
        44737 (as added by section 581 of the FAA Reauthorization Act 
        of 2018); and
            (2) by inserting after the item relating to section 44739 
        the following new item:

``44740. Special rule for certain aircraft operations.''.
    (c) Special Rule for Certain Aircraft Operations.--Section 44740 of 
title 49, United States Code (as redesignated by subsection (a)), is 
amended--
            (1) in the heading by striking the period at the end;
            (2) in subsection (a)(1) by striking ``chapter'' and 
        inserting ``section'';
            (3) in subsection (b)(1) by striking ``(1)'' the second 
        place that it appears; and
            (4) in subsection (c)(2) by adding a period at the end.
                                                 Union Calendar No. 370

116th CONGRESS

  2d Session

                               H. R. 5119

                          [Report No. 116-462]

_______________________________________________________________________

                                 A BILL

To amend title 49, United States Code, to require certain air carriers 
to provide reports with respect to maintenance, preventive maintenance, 
                or alterations, and for other purposes.

_______________________________________________________________________

                             July 29, 2020

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed