[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.
____________________