I 

116TH CONGRESS 

1ST SESSION H. R. 5119 

To amend title 49, United States Code, to require certain air carriers to 

provide reports with respect to maintenance, preventive maintenance, 

or alterations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 15, 2019 

Mr. DEFAZIO (for himself, Ms. BROWNLEY of California, Mr. GARAMENDI, 

Mr. GARCI ́A of Illinois, Ms. NORTON, Mr. SIRES, Mr. PAPPAS, and Mr. 

KATKO) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To amend title 49, United States Code, to require certain 

air carriers to provide reports with respect to maintenance, preventive maintenance, or alterations, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safe Aircraft Mainte5 nance Standards Act’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 


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1 (1) the safety of the United States aviation sys2 tem requires the highest standards for aircraft main3 tenance, repair, and overhaul work; 

4 (2) the safety of aircraft operated by United 

5 States air carriers should not be dependent on the 

6 location where maintenance, repair, and overhaul 

7 work is performed; and 

8 (3) the Federal Aviation Administration must 

9 fully enforce its standards for maintenance, repair, 

10 and overhaul work at every facility, whether in the 

11 United States or abroad, where such work is per12 formed on aircraft operated by United States air 

13 carriers. 

14 SEC. 3. OVERSIGHT OF REPAIR STATIONS LOCATED OUT15 SIDE THE UNITED STATES. 

16 (a) IN GENERAL.—Section 44733 of title 49, United 

17 States Code, is amended— 

18 (1) in the heading by striking ‘‘Inspection’’ 

19 and inserting ‘‘Oversight’’; 

20 (2) in subsection (e)— 

21 (A) by inserting ‘‘, without prior notice,’’ 

22 after ‘‘annually’’; and 

23 (B) by striking the last sentence and in24 serting ‘‘The Administrator may carry out an25 nounced or unannounced inspections in addition 


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1 to the annual unannounced inspection required 

2 under this subsection based on identified 

3 risks.’’; 

4 (3) by redesignating subsection (g) as sub5 section (k); and 

6 (4) by inserting after subsection (f) the fol7 lowing: 

8 ‘‘(g) DATA ANALYSIS.— 

9 ‘‘(1) IN GENERAL.—An air carrier conducting 

10 operations under part 121 of title 14, Code of Fed11 eral Regulations, shall provide to the responsible 

12 Flight Standards office of the Administration, not 

13 later than the last day of each calendar month, a re14 port containing the information described in para15 graph (2) with respect to maintenance, preventive 

16 maintenance, or alteration of an aircraft that is per17 formed during the preceding calendar month. 

18 ‘‘(2) INFORMATION REQUIRED.—A report under 

19 paragraph (1) shall contain the following informa20 tion: 

21 ‘‘(A) The location where any maintenance, 

22 preventive maintenance, or alteration was per23 formed outside the United States. 

24 ‘‘(B) A description of the work performed 

25 at each such location. 


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1 ‘‘(C) The date of completion of the work 

2 performed at each such location. 

3 ‘‘(D) The total man-hours associated with 

4 completing the work performed at each such lo5 cation. 

6 ‘‘(E) A list of all failures, malfunctions, or 

7 defects affecting the safe operation of an air8 craft identified by the air carrier as requiring 

9 corrective action after return to service, orga10 nized by reference to aircraft registration num11 ber. 

12 ‘‘(F) The certificate number of the person 

13 approving an aircraft, or a powerplant or part, 

14 for return to service following completion of the 

15 work performed at each such location. 

16 ‘‘(3) UPDATES.—Not later than 180 days after 

17 the date on which an aircraft returns to service, an 

18 air carrier shall update the information described in 

19 paragraph (2)(E) with respect to any failure, mal20 function, or defect discovered by the air carrier fol21 lowing return to service during such period. 

22 ‘‘(4) ANALYSIS.—The Administrator shall— 

23 ‘‘(A) analyze reports submitted under 

24 paragraph (1) of this subsection and sections 

25 121.703, 121.705, 121.707, and 145.221 of 


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1 title 14, Code of Federal Regulations, or any 

2 successor provisions, to detect safety issues as3 sociated with maintenance, preventive mainte4 nance, and alterations performed outside the 

5 United States; and 

6 ‘‘(B) require appropriate actions in re7 sponse to such reports. 

8 ‘‘(h) ANNUAL REPORTING REQUIREMENT.— 

9 ‘‘(1) IN GENERAL.—Not later than 1 year after 

10 the date of enactment of this subsection, and annu11 ally thereafter, each air carrier conducting oper12 ations under part 121 of title 14, Code of Federal 

13 Regulations, shall upload to the online repository de14 scribed in paragraph (2) a report containing— 

15 ‘‘(A) a minimum of 1 year of heavy main16 tenance work history for each aircraft (orga17 nized by reference to aircraft registration num18 ber) that conducted operations under such part 

19 121 during the previous calendar year; 

20 ‘‘(B) the percentage and total number of 

21 mechanics carrying out maintenance, preventive 

22 maintenance, or alterations on aircraft for the 

23 air carrier during the previous year who are 

24 employees and who are not employees of the air 

25 carrier; 


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1 ‘‘(C) the percentage and total number of 

2 mechanics certified under part 65 of such title 

3 carrying out maintenance, preventive mainte4 nance, or alterations on aircraft for the air car5 rier during the previous year who are based and 

6 who are not based in the United States; 

7 ‘‘(D) the percentage and total number of 

8 mechanics, regardless of certification, carrying 

9 out maintenance, preventive maintenance, or al10 terations on aircraft for the air carrier during 

11 the previous year who are based and who are 

12 not based in the United States; 

13 ‘‘(E) the percentage and total number of 

14 mechanics carrying out maintenance, preventive 

15 maintenance, or alterations on aircraft for the 

16 air carrier during the previous year who are 

17 certified under part 65 of such title and who 

18 are not certified under part 65 of such title; 

19 ‘‘(F) other information to be provided by 

20 the air carrier regarding maintenance, safety, 

21 and the aircraft fleet of the carrier that is of 

22 interest to the traveling public, as determined 

23 appropriate by the Administrator; 

24 ‘‘(G) all locations where aircraft in the 

25 fleet of such air carrier have undergone heavy 


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1 maintenance work in the past 3 years, listed by 

2 total man-hours; and 

3 ‘‘(H) all locations where heavy mainte4 nance work on an aircraft may be carried out 

5 for the air carrier under an existing contract. 

6 ‘‘(2) ONLINE REPOSITORY.—The Administrator 

7 shall establish an online repository for information 

8 submitted under paragraph (1) that allows an air 

9 carrier to electronically upload the data required to 

10 be submitted under such paragraph. 

11 ‘‘(i) INTERNATIONAL STANDARDS FOR SAFETY

12 OVERSIGHT OF CIVIL AVIATION.— 

13 ‘‘(1) APPLICATIONS AND REQUESTS FOR RE14 NEWAL.— 

15 ‘‘(A) IN GENERAL.—The Administrator 

16 may not approve any application or request for 

17 renewal under part 145 of title 14, Code of 

18 Federal Regulations, from a person located or 

19 headquartered in a country that the Adminis20 tration, through the International Aviation 

21 Safety Assessment program, has classified as 

22 Category 2. 

23 ‘‘(B) MAINTENANCE IMPLEMENTATION

24 PROCEDURES AGREEMENT.—The Administrator 

25 may elect not to enter into a maintenance imVerDate Sep 11 2014 00:13 Nov 19, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5119.IH H5119

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1 plementation procedures agreement with a 

2 country that the Administrator has classified as 

3 Category 2 to the extent the Administrator de4 termines is necessary to comply with the re5 quirements of this subsection. 

6 ‘‘(2) CONTINUED HEAVY MAINTENANCE

7 WORK.—No air carrier conducting operations under 

8 part 121 of title 14, Code of Federal Regulations, 

9 may contract for heavy maintenance work with a 

10 person located or headquartered in a country that 

11 the Administration, through the International Avia12 tion Safety Assessment program, has classified as 

13 Category 2. 

14 ‘‘(j) MINIMUM QUALIFICATIONS FOR MECHANICS

15 AND OTHERS WORKING ON U.S.-REGISTERED AIR16 CRAFT.— 

17 ‘‘(1) IN GENERAL.—Not later than 1 year after 

18 the date of enactment of this subsection, the Admin19 istrator shall require that, at each covered repair 

20 station— 

21 ‘‘(A) all supervisory personnel are appro22 priately certificated as a mechanic or repairman 

23 under part 65 of title 14, Code of Federal Reg24 ulations; 


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1 ‘‘(B) all personnel authorized to approve 

2 an article for return to service are appropriately 

3 certificated as a mechanic or repairman under 

4 part 65 of such title; and 

5 ‘‘(C) all personnel performing required in6 spections under part 145 of such title are ap7 propriately certificated as a mechanic or repair8 man under part 65 of such title. 

9 ‘‘(2) PHYSICAL PRESENCE.—Not later than 1 

10 year after the date of enactment of this subsection, 

11 the Administrator shall require that any individual 

12 who is responsible for authorization of return of an 

13 article to service or who is directly in charge of 

14 maintenance, preventive maintenance, or alterations 

15 performed on aircraft operated under part 121 of 

16 title 14, Code of Federal Regulations— 

17 ‘‘(A) be physically present near the aircraft 

18 and available for consultation while work is 

19 being performed; or 

20 ‘‘(B) personally perform the work.’’. 

21 (b) DEFINITION OF COVERED REPAIR STATION.— 

22 (1) IN GENERAL.—Section 44733(k) of title 49, 

23 United States Code (as redesignated by this sec24 tion), is amended— 


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1 (A) by redesignating paragraphs (1) 

2 through (3) as paragraphs (2) through (4); and 

3 (B) by inserting before paragraph (2), as 

4 so redesignated, the following: 

5 ‘‘(1) COVERED REPAIR STATION.—The term 

6 ‘covered repair station’ means a facility that— 

7 ‘‘(A) is located outside the United States; 

8 ‘‘(B) is certificated under part 145 of title 

9 14, Code of Federal Regulations; and 

10 ‘‘(C) performs maintenance, preventive 

11 maintenance, or alterations of aircraft, includ12 ing powerplants and parts of such aircraft, op13 erated under part 121 of title 14, Code of Fed14 eral Regulations.’’. 

15 (2) TECHNICAL AMENDMENT.—Section 

16 44733(a)(3) of title 49, United States Code, is 

17 amended by striking ‘‘covered part 145 repair sta18 tions’’ and inserting ‘‘part 145 repair stations’’. 

19 (c) CONFORMING AMENDMENTS.—The analysis for 

20 chapter 447 of title 49, United States Code, is amended 

21 by striking the item relating to section 44733 and insert22 ing the following: 

‘‘44733. Oversight of repair stations located outside the United States.’’. 

23 SEC. 4. MORATORIUM. 

24 (a) MORATORIUM ON ISSUANCE OF PART 145 CER25 TIFICATE.—Beginning on the date that is 1 year after the 


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1 date of enactment of this Act, the Administrator may not 

2 issue any new certificate under part 145 of title 14, Code 

3 of Federal Regulations, with respect to a facility located 

4 outside the United States until— 

5 (1) the final rule required under section 

6 2112(b) of the FAA Extension, Safety, and Security 

7 Act of 2016 (Public Law 114–190) has been issued; 

8 (2) the Administrator has issued the final rule 

9 required under subsection (b); and 

10 (3) any regulatory changes required by this Act 

11 or the amendments made by this Act have been im12 plemented. 

13 (b) FINAL RULE ON ASSESSMENT REQUIREMENT.— 

14 With respect to any employee not covered under the re15 quirements of section 1554.101 of title 49, Code of Fed16 eral Regulations, the Administrator shall issue a final rule 

17 that requires a covered repair station to confirm that any 

18 such employee has successfully completed an assessment 

19 commensurate with a security threat assessment described 

20 in subpart C of part 1540 of such title. 

21 SEC. 5. DEFINITIONS. 

22 In this Act, unless otherwise specified, the following 

23 definitions apply: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Federal 

3 Aviation Administration. 

4 (2) COVERED REPAIR STATION.—The term 

5 ‘‘covered repair station’’ means a facility that— 

6 (A) is located outside the United States; 

7 (B) is certificated under part 145 of title 

8 14, Code of Federal Regulations; and 

9 (C) performs maintenance, preventive 

10 maintenance, or alterations of aircraft, includ11 ing powerplants and parts of such aircraft, op12 erated under part 121 of title 14, Code of Fed13 eral Regulations. 

14 SEC. 6. TECHNICAL AND CLERICAL AMENDMENTS. 

15 (a) SECTION 44737.—Chapter 447 of title 49, United 

16 States Code, is amended by redesignating the second sec17 tion 44737 (as added by section 581 of the FAA Reau18 thorization Act of 2018) as section 44740. 

19 (b) ANALYSIS.—The analysis for chapter 447 of title 

20 49, United States Code, is amended— 

21 (1) by striking the item relating to the second 

22 section 44737 (as added by section 581 of the FAA 

23 Reauthorization Act of 2018); and 

24 (2) by inserting after the item relating to sec25 tion 44739 the following new item: 

‘‘44740. Special rule for certain aircraft operations.’’. 


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1 (c) SPECIAL RULE FOR CERTAIN AIRCRAFT OPER2 ATIONS.—Section 44740 of title 49, United States Code 

3 (as redesignated by subsection (a)), is amended— 

4 (1) in the heading by striking the period at the 

5 end; 

6 (2) in subsection (a)(1) by striking ‘‘chapter’’ 

7 and inserting ‘‘section’’; 

8 (3) in subsection (b)(1) by striking ‘‘(1)’’ the 

9 second place that it appears; and 

10 (4) in subsection (c)(2) by adding a period at 

11 the end. 

Æ 


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