IB 

Union Calendar No. 370 

116TH CONGRESS 

2D SESSION H. R. 5119 

[Report No. 116–462] 

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 

JULY 29, 2020 

Additional sponsors: Mr. FITZPATRICK, Mr. CARSON of Indiana, Mr. SMITH

of New Jersey, Mr. LIPINSKI, Mrs. FLETCHER, Mr. POCAN, Mrs. 

DEMINGS, Mr. BACON, Mr. LYNCH, and Mr. HORSFORD

JULY 29, 2020 

Reported from the Committee on Transportation and Infrastructure; committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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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. 


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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— 

8 (1) the safety of the United States aviation sys9 tem requires the highest standards for aircraft main10 tenance, repair, and overhaul work; 

11 (2) the safety of aircraft operated by United 

12 States air carriers should not be dependent on the 

13 location where maintenance, repair, and overhaul 

14 work is performed; and 

15 (3) the Federal Aviation Administration must 

16 fully enforce its standards for maintenance, repair, 

17 and overhaul work at every facility, whether in the 

18 United States or abroad, where such work is per19 formed on aircraft operated by United States air 

20 carriers. 

21 SEC. 3. OVERSIGHT OF REPAIR STATIONS LOCATED OUT22 SIDE THE UNITED STATES. 

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

24 States Code, is amended— 


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

2 and inserting ‘‘Oversight’’; 

3 (2) in subsection (e)— 

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

5 after ‘‘annually’’; and 

6 (B) by striking the last sentence and in7 serting ‘‘The Administrator may carry out an8 nounced or unannounced inspections in addition 

9 to the annual unannounced inspection required 

10 under this subsection based on identified 

11 risks.’’; 

12 (3) by redesignating subsection (g) as sub13 section (k); and 

14 (4) by inserting after subsection (f) the fol15 lowing: 

16 ‘‘(g) DATA ANALYSIS.— 

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

18 operations under part 121 of title 14, Code of Fed19 eral Regulations, shall provide to the responsible 

20 Flight Standards office of the Administration, not 

21 later than the last day of each calendar month, a re22 port containing the information described in para23 graph (2) with respect to maintenance, preventive 

24 maintenance, or alteration of an aircraft that is per25 formed during the preceding calendar month. 


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

2 paragraph (1) shall contain the following informa3 tion: 

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

5 preventive maintenance, or alteration was per6 formed outside the United States. 

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

8 at each such location. 

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

10 performed at each such location. 

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

12 completing the work performed at each such lo13 cation. 

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

15 defects affecting the safe operation of an air16 craft identified by the air carrier as requiring 

17 corrective action after return to service, orga18 nized by reference to aircraft registration num19 ber. 

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

21 approving an aircraft, or a powerplant or part, 

22 for return to service following completion of the 

23 work performed at each such location. 

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

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


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1 air carrier shall update the information described in 

2 paragraph (2)(E) with respect to any failure, mal3 function, or defect discovered by the air carrier fol4 lowing return to service during such period. 

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

6 ‘‘(A) analyze reports submitted under 

7 paragraph (1) of this subsection and sections 

8 121.703, 121.705, 121.707, and 145.221 of 

9 title 14, Code of Federal Regulations, or any 

10 successor provisions, to detect safety issues as11 sociated with maintenance, preventive mainte12 nance, and alterations performed outside the 

13 United States; and 

14 ‘‘(B) require appropriate actions in re15 sponse to such reports. 

16 ‘‘(h) ANNUAL REPORTING REQUIREMENT.— 

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

18 the date of enactment of this subsection, and annu19 ally thereafter, each air carrier conducting oper20 ations under part 121 of title 14, Code of Federal 

21 Regulations, shall upload to the online repository de22 scribed in paragraph (2) a report containing— 

23 ‘‘(A) a minimum of 1 year of heavy main24 tenance work history for each aircraft (orga25 nized by reference to aircraft registration numVerDate Sep 11 2014 03:14 Jul 30, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5119.RH H5119

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1 ber) that conducted operations under such part 

2 121 during the previous calendar year; 

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

4 mechanics carrying out maintenance, preventive 

5 maintenance, or alterations on aircraft for the 

6 air carrier during the previous year who are 

7 employees and who are not employees of the air 

8 carrier; 

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

10 mechanics certified under part 65 of such title 

11 carrying out maintenance, preventive mainte12 nance, or alterations on aircraft for the air car13 rier during the previous year who are based and 

14 who are not based in the United States; 

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

16 mechanics, regardless of certification, carrying 

17 out maintenance, preventive maintenance, or al18 terations on aircraft for the air carrier during 

19 the previous year who are based and who are 

20 not based in the United States; 

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

22 mechanics carrying out maintenance, preventive 

23 maintenance, or alterations on aircraft for the 

24 air carrier during the previous year who are 


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1 certified under part 65 of such title and who 

2 are not certified under part 65 of such title; 

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

4 the air carrier regarding maintenance, safety, 

5 and the aircraft fleet of the carrier that is of 

6 interest to the traveling public, as determined 

7 appropriate by the Administrator; 

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

9 fleet of such air carrier have undergone heavy 

10 maintenance work in the past 3 years, listed by 

11 total man-hours; and 

12 ‘‘(H) all locations where heavy mainte13 nance work on an aircraft may be carried out 

14 for the air carrier under an existing contract. 

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

16 shall establish an online repository for information 

17 submitted under paragraph (1) that allows an air 

18 carrier to electronically upload the data required to 

19 be submitted under such paragraph. 

20 ‘‘(i) INTERNATIONAL STANDARDS FOR SAFETY

21 OVERSIGHT OF CIVIL AVIATION.— 

22 ‘‘(1) APPLICATIONS AND REQUESTS FOR RE23 NEWAL.— 

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

25 may not approve any application or request for 


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1 renewal under part 145 of title 14, Code of 

2 Federal Regulations, from a person located or 

3 headquartered in a country that the Adminis4 tration, through the International Aviation 

5 Safety Assessment program, has classified as 

6 Category 2. 

7 ‘‘(B) MAINTENANCE IMPLEMENTATION

8 PROCEDURES AGREEMENT.—The Administrator 

9 may elect not to enter into a maintenance im10 plementation procedures agreement with a 

11 country that the Administrator has classified as 

12 Category 2 to the extent the Administrator de13 termines is necessary to comply with the re14 quirements of this subsection. 

15 ‘‘(2) CONTINUED HEAVY MAINTENANCE

16 WORK.—No air carrier conducting operations under 

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

18 may contract for heavy maintenance work with a 

19 person located or headquartered in a country that 

20 the Administration, through the International Avia21 tion Safety Assessment program, has classified as 

22 Category 2. 

23 ‘‘(j) MINIMUM QUALIFICATIONS FOR MECHANICS

24 AND OTHERS WORKING ON U.S.-REGISTERED AIR25 CRAFT.— 


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

2 the date of enactment of this subsection, the Admin3 istrator shall require that, at each covered repair 

4 station— 

5 ‘‘(A) all supervisory personnel are appro6 priately certificated as a mechanic or repairman 

7 under part 65 of title 14, Code of Federal Reg8 ulations; 

9 ‘‘(B) all personnel authorized to approve 

10 an article for return to service are appropriately 

11 certificated as a mechanic or repairman under 

12 part 65 of such title; and 

13 ‘‘(C) all personnel performing required in14 spections under part 145 of such title are ap15 propriately certificated as a mechanic or repair16 man under part 65 of such title. 

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

18 year after the date of enactment of this subsection, 

19 the Administrator shall require that any individual 

20 who is responsible for authorization of return of an 

21 article to service or who is directly in charge of 

22 maintenance, preventive maintenance, or alterations 

23 performed on aircraft operated under part 121 of 

24 title 14, Code of Federal Regulations— 


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

2 and available for consultation while work is 

3 being performed; or 

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

5 (b) DEFINITION OF COVERED REPAIR STATION.— 

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

7 United States Code (as redesignated by this sec8 tion), is amended— 

9 (A) by redesignating paragraphs (1) 

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

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

12 so redesignated, the following: 

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

14 ‘covered repair station’ means a facility that— 

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

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

17 14, Code of Federal Regulations; and 

18 ‘‘(C) performs maintenance, preventive 

19 maintenance, or alterations of aircraft, includ20 ing powerplants and parts of such aircraft, op21 erated under part 121 of title 14, Code of Fed22 eral Regulations.’’. 

23 (2) TECHNICAL AMENDMENT.—Section 

24 44733(a)(3) of title 49, United States Code, is 


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1 amended by striking ‘‘covered part 145 repair sta2 tions’’ and inserting ‘‘part 145 repair stations’’. 

3 (c) CONFORMING AMENDMENTS.—The analysis for 

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

5 by striking the item relating to section 44733 and insert6 ing the following: 

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

7 SEC. 4. MORATORIUM. 

8 (a) MORATORIUM ON ISSUANCE OF PART 145 CER9 TIFICATE.—Beginning on the date that is 1 year after the 

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

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

12 of Federal Regulations, with respect to a facility located 

13 outside the United States until— 

14 (1) the final rule required under section 

15 2112(b) of the FAA Extension, Safety, and Security 

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

17 (2) the Administrator has issued the final rule 

18 required under subsection (b); and 

19 (3) any regulatory changes required by this Act 

20 or the amendments made by this Act have been im21 plemented. 

22 (b) FINAL RULE ON ASSESSMENT REQUIREMENT.— 

23 With respect to any employee not covered under the re24 quirements of section 1554.101 of title 49, Code of Fed25 eral Regulations, the Administrator shall issue a final rule 


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1 that requires a covered repair station to confirm that any 

2 such employee has successfully completed an assessment 

3 commensurate with a security threat assessment described 

4 in subpart C of part 1540 of such title. 

5 SEC. 5. DEFINITIONS. 

6 In this Act, unless otherwise specified, the following 

7 definitions apply: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Federal 

10 Aviation Administration. 

11 (2) COVERED REPAIR STATION.—The term 

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

13 (A) is located outside the United States; 

14 (B) is certificated under part 145 of title 

15 14, Code of Federal Regulations; and 

16 (C) performs maintenance, preventive 

17 maintenance, or alterations of aircraft, includ18 ing powerplants and parts of such aircraft, op19 erated under part 121 of title 14, Code of Fed20 eral Regulations. 

21 SEC. 6. TECHNICAL AND CLERICAL AMENDMENTS. 

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

23 States Code, is amended by redesignating the second sec24 tion 44737 (as added by section 581 of the FAA Reau25 thorization Act of 2018) as section 44740. 


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

2 49, United States Code, is amended— 

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

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

5 Reauthorization Act of 2018); and 

6 (2) by inserting after the item relating to sec7 tion 44739 the following new item: 

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

8 (c) SPECIAL RULE FOR CERTAIN AIRCRAFT OPER9 ATIONS.—Section 44740 of title 49, United States Code 

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

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

12 end; 

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

14 and inserting ‘‘section’’; 

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

16 second place that it appears; and 

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

18 the end. 


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Union Calendar No. 370 

116TH CONGRESS 

2D SESSION H. R. 5119 

[Report No. 116–462] 

A BILL 

To amend title 49, United States Code, to require 

alterations, and for other purposes. spect to maintenance, preventive maintenance, or certain air carriers to provide reports with reJULY 29, 2020 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


pamtmann on DSKBC07HB2PROD with BILLS