Global Aircraft Maintenance Safety Improvement Act

Subjects: Transportation and Public Works


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1716 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 1716

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

                             March 22, 2023

     Mr. Molinaro (for himself, Ms. Brownley, Mr. Fitzpatrick, Mr. 
 Garamendi, Ms. Malliotakis, Mr. Bacon, Mr. Joyce of Ohio, Mrs. Chavez-
DeRemer, Ms. Norton, Mr. Garbarino, Mr. Donalds, Ms. Lee of California, 
 Ms. Titus, Ms. Wilson of Florida, Mr. Garcia of Illinois, Mr. Payne, 
 Mrs. Cherfilus-McCormick, Mr. Smith of New Jersey, Mr. Van Drew, Mr. 
 D'Esposito, Ms. Barragan, Ms. Jackson Lee, Ms. Porter, Mr. Carl, Mr. 
 Moore of Alabama, and Ms. Craig) 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.

    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.''.
    (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.
                                 &lt;all&gt;
</pre></body></html>