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119th CONGRESS
2d Session |
To improve the safety of the air supply on aircraft, and for other purposes.
Mr. Blumenthal (for himself, Ms. Duckworth, and Mr. Markey) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
To improve the safety of the air supply on aircraft, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Cabin Air Safety Act of 2026”.
SEC. 2. Improvements to the safety of the air supply on aircraft.
(a) In general.—Subpart III of part A of subtitle VII of title 49, United States Code, is amended by adding at the end the following new chapter:
“In this chapter:
“(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Federal Aviation Administration.
“(2) ENGINE OIL OR HYDRAULIC FLUID SMOKE OR FUME EVENT.—The term ‘engine oil or hydraulic smoke or fume event’ means an event in which there is an atypical noticeable presence of suspected engine oil or hydraulic fluid fumes or air contaminants in the cabin, including, but not limited to, a smoke event.
“§ 45402. Training to respond to engine oil or hydraulic fluid smoke or fume events on board commercial aircraft
“(a) In general.—Not later than 180 days after the date of the enactment of this section, the Administrator shall promulgate a notice of proposed rulemaking requiring flight attendants, pilots, aircraft mechanics, and airport first responders and emergency response teams to receive training, not less frequently than annually, on how to respond to engine oil or hydraulic fluid smoke or fume events on board aircraft operating under part 121 of title 14, Code of Federal Regulations.
“(b) Requirements.—The training required by subsection (a) shall include the dissemination of educational and training materials, including manual pages and checklists, with respect to the following:
“(1) Sources and types of smoke and fumes on board aircraft.
“(2) Odor, location, and phase of flight descriptors to allow an individual to recognize the suspected presence of engine oil and hydraulic fluid fumes and to differentiate them from other types of fumes, such as those relating to engine exhaust, ground service vehicle exhaust, fuel, de-icing fluid, electrical failures, and ozone.
“(3) The potential for acute or chronic impairment to an individual relating to engine oil or hydraulic fluid fumes, and the types of aviation engine oil, hydraulic fluid, or other additives that may induce such impairment.
“(4) Procedures for recognizing and responding to engine oil or hydraulic fluid smoke and fumes on board aircraft.
“(5) An overview of the system for reporting events of engine oil or hydraulic fluid smoke or fumes on board aircraft established under section 45403(a).
“(6) Requirements relating to reporting events of engine oil or hydraulic fluid smoke or fumes on board aircraft to the Administrator under sections 45403 and 45405(b).
“§ 45403. Reporting system for fume or smoke events on board commercial aircraft
“(a) In general.—Not later than 180 days after the date of the enactment of the FAA Reauthorization Act of 2024, the Administrator shall develop a standardized submission system for air carrier employees to voluntarily report fume or smoke events on board passenger-carrying aircraft operating under part 121 of title 14, Code of Federal Regulations.
“(b) Collected information.—In developing the system under subsection (a), the Administrator shall ensure that the system includes a method for submitting information about a fume or smoke event that allows for the collection of the following information, if applicable:
“(1) Identification of the flight number, type, and registration of the aircraft.
“(2) The date of the reported fume or smoke event on board the aircraft.
“(3) Description of fumes or smoke in the aircraft, including the nature, intensity, and visual consistency or smell (if any).
“(4) The location of the fumes or smoke in the aircraft.
“(5) The source (if discernible) of the fumes or smoke in the aircraft.
“(6) The phase of flight during which fumes or smoke first became present.
“(7) The duration of the fume or smoke event.
“(8) Any required onboard medical attention for passengers or crew members.
“(9) Any additional factors as determined appropriate by the Administrator or crew member submitting a report.
“(c) Guidelines for submission.—The Administrator shall issue guidelines on how to submit the information described in subsection (b).
“(d) Confirmation of submission.—Upon submitting the information described in subsection (b), the submitting party shall receive a duplicate record of the submission and confirmation of receipt.
“(e) Use of information.—The Administrator—
“(1) may not publicly publish any—
“(A) information specific to a fume or smoke event that is submitted pursuant to this section; and
“(B) information that may be used to identify the party submitting such information;
“(2) may only publicly publish information submitted pursuant to this section that has been aggregated if—
“(A) such information has been validated; and
“(B) the availability of such information would improve aviation safety;
“(3) shall maintain a database of such information;
“(4) at the request of an air carrier, shall provide to such air carrier any information submitted pursuant to this section that is relevant to such air carrier, except any information that may be used to identify the party submitting such information;
“(5) may not, without validation, assume that information submitted pursuant to this section is accurate for the purposes of initiating rulemaking or taking an enforcement action;
“(6) may use information submitted pursuant to this section to inform the oversight of the safety management system of an air carrier; and
“(7) may use information submitted pursuant to this section for the purpose of performing a study or supporting a study sponsored by the Administrator.
“(a) In general.—If a report is submitted to the Administrator through the system for reporting engine oil or hydraulic fluid smoke or fume events on board aircraft established under section 45403(a), the Administrator—
“(1) subject to paragraph (2), shall have the authority to, at the Administrator’s discretion, initiate an investigation described in subsection (b); and
“(2) in the case where such report indicates that 1 or more crew members or passengers had symptoms related to the smoke or fume event that required medical attention beyond first aid, shall initiate an investigation described in subsection (b) not less than 7 days after the date of the submission of such report.
“(b) Requirements for investigations.—An investigation described in this subsection shall include the following:
“(1) Gathering factual and standardized information from all flight attendants, pilots, aircraft mechanics, airport first responders, emergency response teams, and medical doctors involved in the event.
“(2) Gathering any reports submitted under section 45403 with respect to the event.
“(3) Gathering technical findings on any replaced, worn, missing, failed, or improperly serviced components that may have resulted in the event.
“(4) Identifying the cause of the event, if possible.
“(5) Other elements determined appropriate by the Administrator.
“(c) Participation of air carriers and collective bargaining representatives.—In conducting an investigation under this section, the Federal Aviation Administration shall—
“(1) consult with the air carrier involved;
“(2) work in conjunction with the technical representatives of the air carrier; and
“(3) seek the participation of the collective bargaining representative of employees of the air carrier.
“§ 45405. Air quality monitoring equipment
“(a) Requirement To include on aircraft.—Not later than 180 days after the date of the enactment of this section, any domestic or foreign air carrier operating in the United States shall be required to—
“(1) install and operate onboard detectors and other air quality monitoring equipment that—
“(A) are situated in the air supply system to enable pilots and aircraft mechanics to identify the location of the source or sources of air supply contamination, including carbon monoxide, in real time;
“(B) continuously monitor any relevant marker compound consistent with the presence of engine oil and hydraulic fluid fumes or smoke in the bleed air supply;
“(C) provide flight deck notification of the source and type of contamination to support pilot decision-making and isolation procedures, where necessary;
“(D) continuously monitor any relevant marker compound consistent with de-ice or anti-ice fluid fume concentration in the aircraft cabin or air supply system; and
“(E) are capable of operating continuously when the aircraft is powered on, including inflight and on the ground; and
“(2) have in place procedures to train pilots to initiate standardized communication and source isolation protocols, as soon as appropriate, with flight attendants and air traffic controllers (as needed), and to apply their professional judgement based on onboard conditions, all in response to air quality that is dangerous to human health.
“(b) Authority of the Administrator.—In addition to the requirements under subsection (a), the Administrator may promulgate regulations to require specific maintenance measures intended to prevent or mitigate air supply system contamination, as the Administrator determines is necessary to protect the health and safety of air carrier crew members and passengers, in consultation with—
“(1) the Director of the National Institute for Occupational Safety and Health of the Centers for Disease Control and Prevention;
“(2) the Assistant Secretary of Labor for Occupational Safety and Health; and
“(3) the Administrator of the Environmental Protection Agency.
“(c) Inclusion of information relating to air quality monitoring equipment in aircraft manuals.—Not later than 1 year after the date of the enactment of this section, the Administrator shall finalize such actions as are necessary, including promulgating regulations, to require an aircraft manufacturer to include procedures for responding to indications from air quality monitoring equipment required under subsection (a) during normal and non-normal operations in the flight operator’s manual for each such aircraft produced by the manufacturer.
“(d) Continuing research To develop sensors and techniques To prevent air supply contamination.—The Administrator shall continue to research, study, and identify emerging technologies suitable for providing reliable notification of cabin air contamination from an aircraft bleed air system, including through investigation and research into sensors, filters, and maintenance measures to prevent air supply system contamination with engine oil or hydraulic fluid smoke or fumes.
“(e) Rule of construction.—Nothing in this section may be construed to imply that an investigation under section 45404 is not necessary or that crew members and passengers have not been exposed to fumes or smoke if the alarm from any air quality monitoring equipment installed on an aircraft is not activated.
“§ 45406. Minimum equipment list for bleed air system
“Not later than 180 days after the date of the enactment of this section, the Administrator shall finalize such actions as are necessary, including promulgating regulations, to require any transport category aircraft manufacturer to include the air quality monitoring equipment required under section 45405 in the master minimum equipment list for aircraft with a bleed air system certified under section 44704 or for which certification was delegated under section 44702(d).
“§ 45407. Authorization of appropriations
“There are authorized to be appropriated to the Administrator such sums as may be necessary to carry out this chapter.
“§ 45408. Exclusion of rotorcraft
“The provisions of this chapter shall not apply to rotorcraft.”.
(b) Revisions to the existing reporting system for fume or smoke events onboard commercial aircraft.—
(1) IN GENERAL.—Section 45403 of title 49, United States Code (as added by section (a)), is amended—
(A) in the section heading, by striking “fume or smoke events” and inserting “engine oil or hydraulic fluid smoke or fume events”;
(B) in subsection (a), by striking “for air carrier employees to voluntarily report fume or smoke events on board passenger-carrying aircraft” and inserting “for pilots, flight attendants, and aircraft mechanics to report engine oil or hydraulic fluid smoke or fume events on board aircraft”;
(i) in the matter preceding paragraph (1), by striking “a fume or smoke event” and inserting “an engine oil or hydraulic fluid smoke or fume event”;
(ii) in each of paragraphs (2) and (7), by striking “fume or smoke event” and inserting “engine oil or hydraulic fluid smoke or fume event”;
(iii) in paragraph (2), by inserting “and time” after “date”;
(iv) in each of paragraphs (3), (4), (5), and (6), by striking “fumes or smoke” and inserting “engine oil or hydraulic fluid smoke or fumes”;
(v) by amending paragraph (8) to read as follows:
“(8) Any health complaints or required medical attention for passengers or crew members arising from the engine oil or hydraulic fluid fume or smoke event.”;
(vi) by redesignating paragraph (9) as paragraph (15); and
(vii) by inserting after paragraph (8) the following new paragraphs:
“(9) A description of symptoms reported by crew members and passengers.
“(10) The manufacturer, type, serial number, and age of the engine or auxiliary power unit.
“(11) Information regarding any disruption to the operation of the flight or subsequent flights.
“(12) Information about relevant maintenance work conducted on the aircraft prior to and following the incident.
“(13) Relevant air monitoring data collected during the flight.
“(14) The locations and types of air monitoring sensors or cabin fume filters in use on the aircraft.”;
(i) by striking paragraph (1) and redesignating paragraphs (2) through (7) as paragraphs (1) through (6), respectively; and
(ii) in paragraph (2), as so redesignated, by inserting “and allow pilots, flight attendants, aircraft mechanics, and their collective bargaining representative to search such a database for purposes of reviewing and monitoring incidents and assisting with investigations conducted under section 45404” before the semicolon at the end; and
(E) by adding at the end the following new subsection:
“(f) Public availability of engine oil or hydraulic fluid smoke and fume event information.—”.
“(1) IN GENERAL.—Not less frequently than quarterly and subject to paragraph (2), the Administrator shall compile, and make available to the public, statistics regarding the information reported to the Administrator under the system under this section.
“(2) WEBSITE.—The Administrator shall develop a publicly available internet website that includes the aggregate data reported under such system and a searchable database for the events reported to the Administrator under such system that includes the following variables for each event:
“(A) Date.
“(B) Tail number.
“(C) Aircraft type.
“(D) Air carrier.
“(E) Phase of flight.
“(F) Location of fumes or smoke in the aircraft.
“(G) Description of the fumes or smoke, including relation to air supply vents and the nature and intensity of the odor.
“(H) Engine or auxiliary power unit type.
“(I) Engine oil or hydraulic fluid type, including product name.
“(J) De-identified narrative.
“(K) Relevant maintenance information.
“(L) Such other criteria as the Administrator considers appropriate.
“(3) REDACTION.—Before making either individual event information or aggregate data available to the public under paragraph (1) or (2), the Administrator shall redact any personally identifiable information.
“(4) SYMPTOM INFORMATION.—Information about symptoms or other health data shall only be shared as aggregated data.”.
(2) REPEAL OF DUPLICATE PROVISION.—Subsections (b) and (d) of section 362(b) of the FAA Reauthorization Act of 2024 (49 U.S.C. 40101 note) is repealed.
(3) CONFORMING AMENDMENT.—Section 362(c)(2)(B) of the FAA Reauthorization Act of 2024 (49 U.S.C. 40101 note) is amended by inserting “, including as such system is amended by the provisions of the Cabin Air Safety Act of 2026” before the period at the end.
(4) APPLICATION.—Not later than 180 days after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall revise the system described in section 45403 of title 49, United States Code (as added by section (a)), to comply with the amendments made by paragraph (1), including the implementation of subsection (f) of such section 45403.
(1) TABLE OF CONTENTS.—The table of contents of subpart III of part A of subtitle VII of title 49, United States Code, is amended by inserting after the item relating to chapter 453 the following:
“45401. Definitions.
“45402. Training to respond to engine oil or hydraulic fluid smoke or fume events on board commercial aircraft.
“45403. Reporting system for engine oil or hydraulic fluid smoke or fume events on board commercial aircraft.
“45404. Investigations.
“45405. Air quality monitoring equipment.
“45406. Minimum equipment list for bleed air system.
“45407. Authorization of appropriations.
“45408. Exclusion of rotorcraft.”.
(2) CONFORMING REPEAL.—Section 326 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) and the item relating to that section in the table of contents under section 1(b) of that Act are repealed.