[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7321 Reported in House (RH)]
<DOC>
Union Calendar No. 381
117th CONGRESS
2d Session
H. R. 7321
[Report No. 117-506]
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
March 31, 2022
Mr. DeFazio (for himself, Mr. Bacon, Ms. Brownley, Mr. Fitzpatrick, Mr.
Garamendi, Mr. Garcia of Illinois, Mr. Katko, Ms. Malliotakis, Mr.
McKinley, Ms. Norton, Mr. Pappas, Mr. Sires, Mr. Smith of New Jersey,
and Mr. Van Drew) introduced the following bill; which was referred to
the Committee on Transportation and Infrastructure
September 28, 2022
Additional sponsors: Ms. Chu, Mr. Cleaver, Mr. Soto, Mr. Joyce of Ohio,
Mr. Welch, Ms. Barragan, Mr. Nadler, Mr. Payne, Mr. Garbarino, Ms.
Craig, and Ms. Porter
September 28, 2022
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
31, 2022]
_______________________________________________________________________
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,
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Global Aircraft Maintenance Safety
Improvement Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the safety of the global 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,
in a manner consistent with United States obligations under
international agreements, Federal Aviation Administration
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. FAA 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 to such
repair stations,'' after ``annually'';
(B) by inserting ``and the applicable laws of the
country in which a repair station is located'' after
``international agreements''; and
(C) 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 and in a manner consistent
with United States obligations under international
agreements and with the applicable laws of the country
in which a repair station is located.'';
(3) by redesignating subsection (g) as subsection (j); 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 appropriate office of the Administration, not
later than every year, a report containing the information
described in paragraph (2) with respect to heavy maintenance
work on aircraft (including on-wing aircraft engines) performed
in the preceding year.
``(2) Information required.--A report under paragraph (1)
shall contain the following information:
``(A) The location where any heavy maintenance work
on aircraft (including on-wing aircraft engines) 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) A list of all failures, malfunctions, or
defects affecting the safe operation of such aircraft
identified by the air carrier within 30 days after the
date on which an aircraft is returned to service,
organized by reference to aircraft registration number,
that--
``(i) requires corrective action after the
aircraft is approved to return to service; and
``(ii) results from the work performed on
such aircraft.
``(E) The certificate number of the person
approving such aircraft or aircraft engine, for return
to service following completion of the work performed
at each such location.
``(3) Analysis.--The Administrator of the Federal Aviation
Administration shall--
``(A) analyze information made available 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 heavy maintenance
work on aircraft (including on-wing aircraft engines)
performed outside the United States; and
``(B) require appropriate actions in response.
``(4) Confidentiality.--Information made available under
paragraph (1) shall be subject to the same protections given to
voluntarily-provided safety or security related information
under section 40123.
``(h) Applications and Requests for Renewal.--
``(1) In general.--The Administrator may not approve any
new application 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.
``(2) Maintenance implementation procedures agreement.--The
Administrator may elect not to enter into a new maintenance
implementation procedures agreement with a country classified
as Category 2, for as long as that country remains classified
as Category 2, if the Administrator determines that doing so is
necessary to comply with the requirements of this subsection.
``(3) Continued heavy maintenance work.--No air carrier
conducting operations under part 121 of title 14, Code of
Federal Regulations, may enter into a new 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, for as long as such country remains classified as Category
2.
``(i) 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, or under an
equivalent certification or licensing regime, as
determined by the Administrator; and
``(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, or under an equivalent certification or
licensing regime, as determined by the Administrator.
``(2) Available for consultation.--Not later than 1 year
after the date of enactment of this subsection, the
Administrator shall require any individual who is responsible
for authorization of return of an article to service or who is
directly in charge of aircraft (including on-wing aircraft
engine) maintenance performed on aircraft operated under part
121 of title 14, Code of Federal Regulations, be available for
consultation while work is being performed.''.
(b) Definition of Covered Repair Station.--
(1) In general.--Section 44733(j) 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), respectively; 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 heavy maintenance work on aircraft
(including on-wing aircraft engines) 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. INTERNATIONAL STANDARDS FOR SAFETY OVERSIGHT OF FOREIGN REPAIR
STATIONS.
(a) Foreign Repair Station Working Group.--Not later than 60 days
after the date of enactment of this Act, the Administrator shall
convene a foreign repair station working group with other civil
aviation authorities (hereinafter referred to as ``repair station
working group'') to conduct a review of the certification and oversight
of foreign repair stations and to identify any future enhancements that
might be appropriate to strengthen oversight of such repair stations.
(b) Composition of the Repair Station Working Group.--The repair
station working group shall consist of--
(1) technical representatives from the FAA; and
(2) such other civil aviation authorities or international
intergovernmental aviation safety organizations as the
Administrator shall invite that are willing to participate,
including--
(A) civil aviation authorities responsible for
certificating foreign repair stations; and
(B) civil aviation authorities of countries in
which foreign repair stations are located.
(c) Consultation.--In conducting the review under this section, the
repair station working group shall, as appropriate, consult with
relevant experts and stakeholders.
(d) Recommendations.--The repair station working group shall make
recommendations with respect to any future enhancements that might be
appropriate to--
(1) strengthen oversight of foreign repair stations; and
(2) better leverage the resources of other civil aviation
authorities to conduct such oversight.
(e) Reports.--
(1) Repair station working group report.--Not later than 1
year after the date of the first meeting of the repair station
working group, the repair station working group shall submit to
the Administrator a report containing the findings of the
review and each recommendation made under subsection (d).
(2) FAA reports.--
(A) Transmission of repair station working group
report.--The Administrator shall submit to the
Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate the
report required under paragraph (1) as soon as is
practicable after the receipt of such report.
(B) FAA report to congress.--Not later than 45 days
after receipt of the Report under paragraph (1), the
Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate a report
containing--
(i) a statement of whether the
Administrator concurs or does not concur with
each recommendation contained in the report
required under paragraph (1);
(ii) for any recommendation with which the
Administrator does not concur, a detailed
explanation as to why the Administrator does
not concur;
(iii) a plan to implement each
recommendation related to FAA oversight of
foreign repair stations contained in such
report with which the Administrator concurs;
and
(iv) a plan to work with the international
community to implement the recommendations
applicable to both the FAA as well as other
civil aviation authorities.
(f) Termination.--The repair station working group shall terminate
on the earlier of the date of submission of the report under subsection
(e)(1) or on the date that is 2 years after the repair station working
group is commissioned under subsection (a).
(g) Definition of Foreign Repair Station.--In this section, the
term ``foreign repair station'' means a repair station located outside
of the territory of the country of the civil aviation authority which
certificated the repair station, including repair stations certified
under part 145 of title 14, Code of Federal Regulations, which are
located outside the United States and the territories of the United
States.
SEC. 5. ALCOHOL AND DRUG TESTING AND BACKGROUND CHECKS.
(a) In General.--Beginning on the date that is 24 months after the
date of enactment of this Act, the Administrator may not approve or
authorize international travel for any employee of the Federal Aviation
Administration until a final rule carrying out the requirements of
subsection (b) of section 2112 of the FAA Extension, Safety, and
Security Act of 2016 (Public Law 114-190) have been published in the
Federal Register.
(b) Rulemaking 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 initiate
a rulemaking 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.
(c) Exceptions.--The prohibition in subsection (a) shall not apply
to international travel that is determined by the Administrator on an
individual by individual basis to be--
(1) exclusively for the purpose of conducting a safety
inspection;
(2) directly related to aviation safety standards,
certification, and oversight; or
(3) vital to the national interests of the United States.
(d) Non-delegation and Reporting.--For any determination to make an
exception based on the criteria in paragraph (2) or (3) of subsection
(c), the Administrator--
(1) may not delegate the authority to make such a
determination to any other individual; and
(2) shall report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate not later than 3 days after making each determination
under subsection (c)--
(A) the name of the individual approved or
authorized to travel internationally;
(B) the location to which the individual is
traveling;
(C) a detailed explanation of why the Administrator
has determined the travel is--
(i) directly related to aviation safety
standards, certification, and oversight; or
(ii) vital to the national interests of the
United States; and
(D) a detailed description of the status of the
rulemakings described in subsection (a).
SEC. 6. DEFINITIONS.
In this Act:
(1) Faa.--The term ``FAA'' means the Federal Aviation
Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the FAA.
(3) 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 heavy maintenance work on aircraft
(including on-wing aircraft engines), operated under
part 121 of title 14, Code of Federal Regulations.
Union Calendar No. 381
117th CONGRESS
2d Session
H. R. 7321
[Report No. 117-506]
_______________________________________________________________________
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.
_______________________________________________________________________
September 28, 2022
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed