[House Report 117-506]
[From the U.S. Government Publishing Office]


117th Congress    }                                   {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {       117-506

======================================================================

 
           GLOBAL AIRCRAFT MAINTENANCE SAFETY IMPROVEMENT ACT

                                _______
                                

 September 28, 2022.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. DeFazio, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 7321]

    The Committee on Transportation and Infrastructure, to whom 
was referred 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, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     5
Background and Need for Legislation..............................     5
Hearings.........................................................     6
Legislative History and Consideration............................     6
Committee Votes..................................................     7
Committee Oversight Findings.....................................     8
New Budget Authority and Tax Expenditures........................     8
Congressional Budget Office Cost Estimate........................     8
Performance Goals and Objectives.................................     8
Duplication of Federal Programs..................................     8
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     9
Federal Mandates Statement.......................................     9
Preemption Clarification.........................................     9
Advisory Committee Statement.....................................     9
Applicability to Legislative Branch..............................     9
Section-by-Section Analysis of the Legislation...................     9
Changes in Existing Law Made by the Bill, as Reported............    10

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

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.

                         Purpose of Legislation

    The purpose of H.R. 7321, as amended, is to improve the 
safety oversight of aircraft maintenance that is performed on 
U.S. airlines' fleets in foreign countries by the Federal 
Aviation Administration (FAA).

                  Background and Need for Legislation

    The FAA is responsible for ensuring the safety of U.S. 
registered aircraft, regardless of where they are operated 
around the world. The global nature of the aviation industry 
means that activity overseas can directly affect the safety of 
the traveling public in U.S. airspace. One challenge to FAA's 
oversight is aircraft repair stations located outside the 
United States. While the FAA certificates foreign repair 
stations, there are concerns that some rules applicable to 
repair stations in the United States are not necessarily 
equally applied or implemented to foreign repair stations.
    Airlines' spending on contract maintenance and repair 
services nearly tripled between 1996 and 2011, according to the 
Department of Transportation Inspector General's (DOT IG) most 
recent report on the issue, rising from $1.5 billion in 1996 to 
$4.2 billion in 2011.\1\ Moreover, according to the Transport 
Workers Union of America, ``the number of [FAA certified repair 
stations outside of the United States] has grown by more than 
40 percent in the past six years.''\2\ In 2013, the DOT IG 
found that the FAA's repair station oversight ``lacks the rigor 
needed to identify deficiencies and verify that they have been 
addressed'' and ``some repair stations may not be operating in 
full compliance'' with FAA rules.\3\
---------------------------------------------------------------------------
    \1\Dept. of Transp., Off. of Inspector Gen., Audit Report--FAA 
Continues to Face Challenges in Implemented a Risk-Based Approach for 
Repair Station Oversight, Report No. AV-2013-073 (May 1, 2013), 
available at https://www.oig.dot.gov/sites/default/files/
FAA%20Repair%20Station%20Oversight%5E5-1-13.pdf.
    \2\Press Release: The TWU Endorses the Safe Aircraft Maintenance 
Standards Act, Transp. Workers Union-AFLCIO (March 31, 2022), available 
at https://www.twu.org/press-release-the-twu-endorses-the-safe-
aircraft-maintenance-standards-act/.
    \3\DOT OIG supra note 1.
---------------------------------------------------------------------------
    In 2016, Congress directed the FAA to require drug and 
alcohol testing and pre-employment background investigations of 
foreign repair station employees who perform safety-sensitive 
functions.\4\ The FAA has failed to satisfy either mandate, 
which would assure the flying public that the personnel working 
on a U.S.-operated aircraft have been adequately screened. 
These, among other measures, would help ensure that foreign 
repair stations follow the same safety and security standards 
that the FAA requires of maintenance work done in the United 
States.
---------------------------------------------------------------------------
    \4\P.L. 114-190; Sec. 2112.
---------------------------------------------------------------------------

                                Hearings

    For the purposes of rule XIII, clause 3(c)(6)(A) of the 
117th Congress, no hearings were held to develop or consider 
H.R. 7321.
    The following related hearings were held:
    On October 21, 2021, the Subcommittee on Aviation held a 
hearing titled ``Three Years After Lion Air 610: FAA 
Implementation of the 2020 Aircraft Certification, Safety, and 
Accountability Act.'' The Subcommittee received testimony from 
the Hon. Steve Dickson, Administrator, Federal Aviation 
Administration, Department of Transportation. This hearing 
examined ongoing work within the Federal Aviation 
Administration to implement provisions of the Aircraft 
Certification, Safety, and Accountability Act (Division D of 
Pub. L. 116-260).
    In the 116th Congress, on July 17, 2019, the Subcommittee 
on Aviation held a hearing titled ``State of Aviation Safety.'' 
The Subcommittee received testimony from Mr. Paul Njoroge, 
husband of Carolyne Karanja, father of Ryan Njuguna, Kelli 
Pauls, Rubi Pauls, and son-in-law of Anne Karanja, victims of 
flight ET302, testifying on behalf of the Families of Ethiopian 
Airlines Flight 302, accompanied by Mr. Michael Stumo, father 
of Samya Stumo, victim of ET302; Ms. Dana Schulze, Acting 
Director, Office of Aviation Safety, NTSB; Mr. Joseph G. 
DePete, President, Air Line Pilots Association, International; 
Ms. Lori Bassani, National President, The Association of 
Professional Flight Attendants; Mr. Michael Perrone, National 
President, Professional Aviation Safety Specialists; and Mr. 
John Samuelsen, International President, Transport Workers 
Union.

                 Legislative History and Consideration

    H.R. 7321, the ``Safe Aircraft Maintenance Standards Act'', 
was introduced on March 31, 2022, by Mr. DeFazio and 13 
original cosponsors and referred to the Committee on 
Transportation and Infrastructure. Within the Committee, H.R. 
7321 was referred to the Subcommittee on Aviation.
    The Subcommittee on Aviation was discharged from further 
consideration of H.R. 7321 on June 15, 2022.
    The Committee considered H.R. 7321 on June 15, 2022, and 
ordered the measure to be favorably reported to the House, as 
amended, by a record vote of 49 yeas and 5 nays (Roll Call No. 
97).
    The following amendments were offered:
    An Amendment in the Nature of a Substitute to H.R. 7321, 
offered by Mr. DeFazio, was AGREED TO by voice vote. (Pursuant 
to the passage of the Amendment in the Nature of a Substitute 
to H.R. 7321, the short title of the measure was revised as the 
``Global Aircraft Maintenance Safety Improvement Act.'')

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against.

Committee on Transportation and Infrastructure Roll Call Vote No. 97

    On: Agreeing to final passage of H.R. 7321, as amended.
    Agreed to: 49 yeas and 5 nays.

----------------------------------------------------------------------------------------------------------------
                     Member                           Vote                    Member                    Vote
----------------------------------------------------------------------------------------------------------------
Mr. DeFazio.....................................          Yea   Mr. Graves of MO..................          Yea
 Ms. Norton.....................................          Yea   Mr. Crawford......................          Yea
Ms. Johnson of TX...............................  ............  Mr. Gibbs.........................          Yea
Mr. Larsen of WA................................          Yea   Mr. Webster.......................          Yea
Mrs. Napolitano.................................          Yea   Mr. Massie........................          Nay
Mr. Cohen.......................................          Yea   Mr. Perry.........................          Nay
Mr. Sires.......................................          Yea   Mr. Rodney Davis of IL............          Yea
Mr. Garamendi...................................          Yea   Mr. Katko.........................  ............
Mr. Johnson of GA...............................          Yea   Mr. Babin.........................          Nay
Mr. Carson......................................          Yea   Mr. Graves of LA..................          Yea
Ms. Titus.......................................  ............  Mr. Rouzer........................          Yea
Mr. Maloney of NY...............................          Yea   Mr. Bost..........................          Yea
Mr. Huffman.....................................          Yea   Mr. Weber of TX...................  ............
Ms. Brownley....................................  ............  Mr. LaMalfa.......................  ............
Ms. Wilson of FL................................          Yea   Mr. Westerman.....................  ............
Mr. Payne.......................................          Yea   Mr. Mast..........................          Yea
Mr. Lowenthal...................................          Yea   Mr. Gallagher.....................          Yea
Mr. DeSaulnier..................................          Yea   Mr. Fitzpatrick...................          Yea
Mr. Lynch.......................................          Yea   Miss Gonzalez-Colon...............  ............
Mr. Carbajal....................................          Yea   Mr. Balderson.....................          Yea
Mr. Brown of MD.................................  ............  Mr. Stauber.......................          Yea
Mr. Malinowski..................................  ............  Mr. Burchett......................          Nay
Mr. Stanton.....................................          Yea   Mr. Johnson of SD.................          Yea
Mr. Allred......................................  ............  Mr. Van Drew......................          Yea
Ms. Davids of KS................................          Yea   Mr. Guest.........................  ............
Mr. Garcia of IL................................          Yea   Mr. Nehls.........................          Yea
Mr. Pappas......................................          Yea   Ms. Mace..........................  ............
Mr. Lamb........................................  ............  Ms. Malliotakis...................          Yea
Mr. Moulton.....................................          Yea   Ms. Van Duyne.....................          Nay
Mr. Auchincloss.................................          Yea   Mr. Gimenez.......................          Yea
Ms. Bourdeaux...................................          Yea   Mrs. Steel........................          Yea
Mr. Kahele......................................          Yea
Ms. Strickland..................................          Yea
Ms. Williams of GA..............................          Yea
Ms. Newman......................................          Yea
Mr. Carter of LA................................          Yea
Mrs. Cherfilus-McCormack........................          Yea
----------------------------------------------------------------------------------------------------------------

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee has 
requested but not received from the Director of the 
Congressional Budget Office a statement as to whether this bill 
contains any new budget authority, spending authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. The Chairman of the Committee shall cause such 
estimate and statement to be printed in the Congressional 
Record upon its receipt by the Committee.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives, a cost 
estimate provided by the Congressional Budget Office pursuant 
to section 402 of the Congressional Budget Act of 1974 was not 
made available to the Committee in time for the filing of this 
report. The Chairman of the Committee shall cause such estimate 
to be printed in the Congressional Record upon its receipt by 
the Committee.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to 
provide that foreign repair stations follow substantially 
similar safety and security standards that the FAA requires of 
maintenance work done in the United States.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 7321, as amended, establishes or reauthorizes a program 
of the federal government known to be duplicative of another 
federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee finds that H.R. 7321, as amended, 
does not preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section provides that this bill may be cited as the 
``Global Aircraft Maintenance Safety Improvement Act''.

Sec. 2. Sense of Congress

    This section expresses the sense of Congress that the 
safety of the United States aviation system requires the 
highest standards for aircraft maintenance, repair, and 
overhaul work and that the safety of aircraft operated by 
United States air carriers should not be dependent on where 
maintenance, repair, and overhaul work is performed.

Sec. 3. Oversight of repair stations located outside the United States

    Requires that all foreign repair stations be subject to at 
least one unannounced inspection each year.
    Requires air carriers to submit detailed reports to the FAA 
each year listing mechanical issues attributable to heavy 
maintenance performed outside the United States, and requires 
the FAA to subject those reports, as well as existing safety 
reports, to robust data analysis to detect trends and correct 
them.
    Prohibits the FAA from approving any new application of a 
part 145 certificate from a repair station located in countries 
designated by the FAA as category 2 (which means that a country 
is out of compliance with International Civil Aviation 
Organization standards) and prohibits air carriers from 
entering into new contracts to conduct heavy maintenance in 
such countries.
    Requires that supervisors and individuals who authorize 
aircraft for return to service must hold FAA mechanic or 
repairman certificates or an equivalent license and be 
available for consultation.

Sec. 4. International standards for safety oversight and foreign repair 
        stations

    Requires that the FAA administrator convene a foreign 
repair station working group with other civil aviation 
authorities 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.

Sec. 5. Alcohol and drug testing and background checks

    Starting two years after enactment, the bill prohibits FAA 
officials from travelling internationally if previously 
mandated final rules on drug and alcohol testing and a threat 
assessment of employees at foreign repair stations are not 
implemented. There are exceptions to the moratorium if the 
official travel is (1) conducting safety inspections; (2) 
directly related to aviation safety standards, certification, 
and oversight; or (3) vital to the national interests of the 
United States.

Sec. 5. Definitions

    This section defines the terms used in this Act.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 49, UNITED STATES CODE




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SUBTITLE VII--AVIATION PROGRAMS

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PART A--AIR COMMERCE AND SAFETY

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SUBPART iii--SAFETY

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                     CHAPTER 447--SAFETY REGULATION


Sec.
44701. General requirements.
     * * * * * * *
[44733. Inspection of repair stations located outside the United 
          States.]
44733. Oversight of repair stations located outside the United States.

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Sec. 44733. [Inspection]  Oversight of repair stations located outside 
                    the United States

  (a) In General.--Not later than 1 year after the date of 
enactment of this section, the Administrator of the Federal 
Aviation Administration shall establish and implement a safety 
assessment system for all part 145 repair stations based on the 
type, scope, and complexity of work being performed. The system 
shall--
          (1) ensure that repair stations located outside the 
        United States are subject to appropriate inspections 
        based on identified risks and consistent with existing 
        United States requirements;
          (2) consider inspection results and findings 
        submitted by foreign civil aviation authorities 
        operating under a maintenance safety or maintenance 
        implementation agreement with the United States; and
          (3) require all maintenance safety or maintenance 
        implementation agreements to provide an opportunity for 
        the Administration to conduct independent inspections 
        of [covered part 145 repair stations] part 145 repair 
        stations when safety concerns warrant such inspections.
  (b) Notice to Congress of Negotiations.--The Administrator 
shall notify the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives not later than 30 days after initiating formal 
negotiations with foreign aviation authorities or other 
appropriate foreign government agencies on a new maintenance 
safety or maintenance implementation agreement.
  (c) Annual Report.--The Administrator shall publish an annual 
report on the Administration's oversight of part 145 repair 
stations and implementation of the safety assessment system 
required under subsection (a). The report shall--
          (1) describe in detail any improvements in the 
        Administration's ability to identify and track where 
        part 121 air carrier repair work is performed;
          (2) include a staffing model to determine the best 
        placement of inspectors and the number of inspectors 
        needed;
          (3) describe the training provided to inspectors; and
          (4) include an assessment of the quality of 
        monitoring and surveillance by the Administration of 
        work performed by its inspectors and the inspectors of 
        foreign authorities operating under a maintenance 
        safety or maintenance implementation agreement.
  (d) Alcohol and Controlled Substances Testing Program 
Requirements.--
          (1) In general.--The Secretary of State and the 
        Secretary of Transportation, acting jointly, shall 
        request the governments of foreign countries that are 
        members of the International Civil Aviation 
        Organization to establish international standards for 
        alcohol and controlled substances testing of persons 
        that perform safety-sensitive maintenance functions on 
        commercial air carrier aircraft.
          (2) Application to part 121 aircraft work.--Not later 
        than 1 year after the date of enactment of this 
        section, the Administrator shall promulgate a proposed 
        rule requiring that all part 145 repair station 
        employees responsible for safety-sensitive maintenance 
        functions on part 121 air carrier aircraft are subject 
        to an alcohol and controlled substances testing program 
        determined acceptable by the Administrator and 
        consistent with the applicable laws of the country in 
        which the repair station is located.
  (e) Annual Inspections.--The Administrator shall ensure that 
part 145 repair stations located outside the United States are 
inspected annually, without prior notice to such repair 
stations, by Federal Aviation Administration safety inspectors, 
without regard to where the station is located, in a manner 
consistent with United States obligations under international 
agreements and the applicable laws of the country in which a 
repair station is located. [The Administrator may carry out 
inspections in addition to the annual inspection required under 
this subsection based on identified risks.] 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.
  (f) Risk-Based Oversight.--
          (1) In general.--Not later than 90 days after the 
        date of enactment of the FAA Extension, Safety, and 
        Security Act of 2016, the Administrator shall take 
        measures to ensure that the safety assessment system 
        established under subsection (a)--
                  (A) places particular consideration on 
                inspections of part 145 repair stations located 
                outside the United States that conduct 
                scheduled heavy maintenance work on part 121 
                air carrier aircraft; and
                  (B) accounts for the frequency and 
                seriousness of any corrective actions that part 
                121 air carriers must implement to aircraft 
                following such work at such repair stations.
          (2) International agreements.--The Administrator 
        shall take the measures required under paragraph (1)--
                  (A) in accordance with United States 
                obligations under applicable international 
                agreements; and
                  (B) in a manner consistent with the 
                applicable laws of the country in which a 
                repair station is located.
          (3) Access to data.--The Administrator may access and 
        review such information or data in the possession of a 
        part 121 air carrier as the Administrator may require 
        in carrying out paragraph (1)(B).
  (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.
  [(g)] (j) Definitions.--In this section, the following 
definitions apply:
          (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.
          [(1)] (2) Heavy maintenance work.--The term ``heavy 
        maintenance work'' means a C-check, a D-check, or 
        equivalent maintenance operation with respect to the 
        airframe of a transport-category aircraft.
          [(2)] (3) Part 121 air carrier.--The term ``part 121 
        air carrier'' means an air carrier that holds a 
        certificate issued under part 121 of title 14, Code of 
        Federal Regulations.
          [(3)] (4) Part 145 repair station.--The term ``part 
        145 repair station'' means a repair station that holds 
        a certificate issued under part 145 of title 14, Code 
        of Federal Regulations.

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