[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[House]
[Pages H8162-H8164]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           GLOBAL AIRCRAFT MAINTENANCE SAFETY IMPROVEMENT ACT

  Mr. KAHELE. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 7321) 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, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 7321

       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 ``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, if applicable, provide to the appropriate office of 
     the Administration, not less than once 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 for return to service; and
       ``(ii) results from the work performed on such aircraft.
       ``(E) The certificate number of the person approving such 
     aircraft or on-wing 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 Prohibition.--
       ``(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 Administrator, through the International 
     Aviation Safety Assessment program, has classified as 
     Category 2.
       ``(2) Exception.--Paragraph (1) shall not apply to an 
     application for the renewal of a certificate issued under 
     part 145 of title 14, Code of Federal Regulations.
       ``(3) 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.
       ``(4) Prohibition on 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 Administrator, 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 approving an article for return 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 at a covered 
     repair station.''.

[[Page H8163]]

       (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 
     that performs heavy maintenance work on an aircraft 
     (including on-wing engines) and that is 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 (49 U.S.C. 44733 note) has 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) Administrator.--The term ``Administrator'' means the 
     Administrator of the FAA.
       (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 heavy maintenance work on aircraft (including 
     on-wing aircraft engines), operated under part 121 of title 
     14, Code of Federal Regulations.
       (3) Faa.--The term ``FAA'' means the Federal Aviation 
     Administration.

  The SPEAKER pro tempore (Ms. Tlaib). Pursuant to the rule, the 
gentleman from Hawaii (Mr. Kahele) and the gentleman from Florida (Mr. 
Webster) each will control 20 minutes.
  The Chair recognizes the gentleman from Hawaii.


                             General Leave

  Mr. KAHELE. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 7321, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Hawaii?
  There was no objection.
  Mr. KAHELE. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in support of H.R. 7321, the Global Aircraft 
Maintenance Safety Improvement Act, introduced by Transportation and 
Infrastructure Committee Chair, Peter DeFazio.
  One level of safety. For over a decade, that has been the single-
minded goal of Congress and the Federal Aviation Administration in 
setting aviation policy. But until domestic and FAA-certificated 
foreign repair stations are subject to the same oversight and safety 
standards, there is no hope we can achieve one level of safety.
  In fact, existing safety rules make clear that there is not truly one 
level of safety. Under current FAA regulations, domestic repair station 
workers are subject to mandatory drug and alcohol testing. Workers at 
foreign repair stations are not. Domestic repair station workers are 
subject to comprehensive background investigations; foreign repair 
station workers are not.

[[Page H8164]]

  Unfortunately, more and more maintenance work for U.S. air carriers 
is being sent overseas. The number of these facilities has grown by 
nearly 40 percent in the past 6 years. The global pandemic has only 
exacerbated this trend, as more than 8,200 aircraft maintenance jobs 
left the United States in just the past few years.
  The Department of Transportation inspector general has also been 
ringing the alarm bell in five audit reports containing 41 
recommendations since 2002 to improve the FAA's dangerously weak 
oversight of repair stations overseas.
  How many more inspector general reports will it take for the FAA to 
be brave enough to take a leadership role in the international 
community and apply strong standards to foreign repair stations?
  This bill will require the FAA to take a number of specific and 
decisive steps to improve oversight of foreign repair stations. These 
include, among other things: requiring all foreign repair stations to 
be subject to at least one unannounced inspection each year; requiring 
supervisors and individuals who authorize aircraft for return to 
service to meet minimum requirements and hold FAA mechanic or repairman 
certificates; and requiring the FAA to, one, comply with the 2016 
mandate for a final rule on drug and alcohol testing of employees at 
foreign repair stations, and, two, initiate a rulemaking mandating 
background checks of such employees.
  I thank the stakeholders for their support and the tireless efforts 
in working toward an agreeable solution as well as Ranking Member 
Graves and his staff.
  Madam Speaker, this bill is a giant step in the right direction, I 
urge my colleagues to support it, and I reserve the balance of my time.
  Mr. WEBSTER of Florida. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, first, I thank Chairman DeFazio for working with us on 
this particular bill, the Global Aircraft Maintenance Safety 
Improvement Act.
  I am pleased that H.R. 7321, as amended, ensures the level of safety 
we all expect in a way that is consistent with our bilateral safety 
agreements and collaborative with foreign civil aviation authorities.
  International buy-in and collaboration are key if we are to chart a 
real path forward on aviation safety, and this bill strives to do that.
  Notably, this legislation has markedly improved since last Congress, 
and I, again, want to thank the chair and his staff for working with us 
in a bipartisan manner.
  Under H.R. 7321, our domestic repair stations will not be exposed to 
retaliation by other countries, nor will American jobs be jeopardized.
  Again, improving oversight of foreign repair stations without 
damaging our standing and partnerships in the international community 
is the goal here today. This is another example of our bipartisan 
commitment to aviation safety.
  Madam Speaker, I urge support, and I reserve the balance of my time.
  The SPEAKER pro tempore. Without objection, the gentleman from 
Indiana (Mr. Carson) will control the remaining time.
  There was no objection.
  Mr. CARSON. Madam Speaker, I have no more speakers, and I continue to 
reserve the balance of my time.
  Mr. WEBSTER of Florida. Madam Speaker, in closing, H.R. 7321, as 
amended, continues our commitment to the traveling public by ensuring 
aviation safety on the international playing field.
  Madam Speaker, I urge support of this legislation, and I yield back 
the balance of my time.
  Mr. CARSON. Madam Speaker, in closing, this bipartisan bill will 
correct the FAA's unacceptably lax oversight of foreign aeronautical 
repair stations that work on U.S. airline fleets and help increase the 
safety of our global aviation system.
  Madam Speaker, I urge my colleagues to support the bill, and I yield 
back the balance of my time.

                              {time}  1715

  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Hawaii (Mr. Kahele) that the House suspend the rules and 
pass the bill, H.R. 7321, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. HICE of Georgia. Madam Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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