I
107TH CONGRESS
1ST SESSION
H. R. 2158
To provide for monitoring of aircraft air quality, to require air carriers
to produce certain mechanical and maintenance records, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 13, 2001
Mr. NADLER introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To provide for monitoring of aircraft air quality, to require
air carriers to produce certain mechanical and mainte-
nance records, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Aircraft Clean Air Act
of 2001’’.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal
Aviation Administration.
(2) AIR CARRIER, AIRCRAFT, AND AIR TRANS-
PORTATION.—The terms ‘‘air carrier’’, ‘‘aircraft’’,
and ‘‘air transportation’’ have the meaning such
terms have under section 40102 of title 49, United
States Code.
(3) AIRCRAFT
AIR
QUALITY
INCIDENT.—The
term ‘‘aircraft air quality incident’’ means an inci-
dent in an aircraft used in air transportation which
results in crew members or passengers reporting a
symptom that is consistent with exposure to
neurotoxins or asphyxiants. Such symptoms include
dizziness, fainting, disorientation, memory loss, pe-
ripheral neuropathy, muscle tremors, muscle twitch-
ing, or tunnel vision.
(4) 
MECHANICAL
AND
MAINTENANCE
RECORDS.—The term ‘‘mechanical and maintenance
records’’ with respect to an aircraft involved in an
aircraft air quality incident includes records regard-
ing the use of, and any loss or leakage of, hydraulic
fluids, lubrication oils, or fuel, and records regarding
any repairs that are, or could be, reported under the
Air Transport Association Specifications, including
chapter 2100 (Air Conditioning), chapter 2900 (Hy-
draulic Power), chapter 3600 (Pneumatics), chapter
4900 (Airborne Auxiliary Power), and chapter 7200
(Engine).
SEC. 3. DISCLOSURE OF MAINTENANCE RECORDS.
(a) REQUEST MADE TO ADMINISTRATOR.—
(1) IN
GENERAL.—Any crew member, pas-
senger, or their representative that experiences an
aircraft air quality incident may file, not later than
30 days after the incident, a request with the Ad-
ministrator for the mechanical and maintenance
records of the aircraft involved in the aircraft air
quality incident. The request may cover records with
respect to the aircraft for the 90-day period pre-
ceding the incident and the 30-day period following
the incident.
(2) SPECIAL RULE FOR PREVIOUS 5-YEAR PE-
RIOD.—Any crew member, passenger, or their rep-
resentative that experienced an aircraft air quality
incident in the 5-year period preceding the date of
enactment of this Act may file a request with the
Administrator for the mechanical and maintenance
records of the aircraft involved in the aircraft air
quality incident if the request is made not later than
90 calendar days after the date of enactment of this
Act.
(3) VERIFICATION BY HEALTH CARE PROFES-
SIONAL.—A request described in paragraph (1) must
include a statement by a health care professional
verifying that the individual making the request re-
ported at least 1 symptom described in section 2(3).
(b) REQUEST FORWARDED TO AIR CARRIER.—With-
in 30 calendar days of receiving a request described in
subsection (a), the Administrator shall record receipt of
that request and forward it to the air carrier.
(c) INFORMATION TO BE DISCLOSED.—An air car-
rier that receives a request described in subsection (a)
shall provide the requested records to the individual mak-
ing that request—
(1) not later than 15 calendar days after receiv-
ing the request described in subsection (a)(1); or
(2) not later than 30 calendar days after receiv-
ing a request described in subsection (a)(2).
(d) CIVIL PENALTY FOR NONCOMPLIANCE.—
(1) IN GENERAL.—Any air carrier that does not
produce any records requested pursuant to this sec-
tion shall be subject to a civil penalty of $1,000 for
each day that the air carrier fails to produce the
records.
(2) FINES INCREASED FOR INFLATION.—In the
case of any calendar year beginning after 2001, the
dollar amount described in paragraph (1) shall be
increased by an amount equal to—
(A) such dollar amount, multiplied by
(B) the cost-of-living adjustment deter-
mined under section 1(f)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 1(f)(3)) for
the calendar year in which the fine is assessed,
determined by substituting ‘‘calendar year
2000’’ for ‘‘calendar year 1992’’ in subpara-
graph (B) of such section 1(f)(3).
(e) RETENTION OF MECHANICAL AND MAINTENANCE
RECORDS.—The Administrator shall require that air car-
riers retain mechanical and maintenance records for a pe-
riod of not less than 5 years, or for such longer period
if required under any other provision of law.
(f) RETENTION OF RELATED MATERIALS AND DOCU-
MENTS.—The Administrator shall require that air carriers
retain all reports, investigative documents, studies, data,
memos, and letters relating to or arising from any com-
plaint, report, or request regarding air quality on aircraft
for a period of not less than 10 years.
SEC. 4. RELEASE OF FILTRATION MEDIA.
(a) REQUEST MADE TO ADMINISTRATOR.—
(1) IN
GENERAL.—Any crew member, pas-
senger, or their representative that experiences an
aircraft air quality incident may file a request with
the Administrator not later than 30 days after the
incident for the filtration media used in the air sup-
ply system of the aircraft involved in that aircraft
air quality incident.
(2) VERIFICATION BY HEALTH CARE PROFES-
SIONAL.—A request described in paragraph (1) must
include a statement by a health care professional
verifying that the individual making the request re-
ported at least 1 symptom described in section 2(3).
(b) REQUEST FORWARDED TO AIR CARRIER.—With-
in 30 calendar days of receiving a request described in
subsection (a), the Administrator shall record receipt of
that request and forward it to the air carrier.
(c) MEDIA TO BE PROVIDED.—An air carrier that
receives a request described in subsection (a) shall provide
the filtration media to the Administrator not later than
30 calendar days after replacing the requested filtration
media.
(d) ACTION BY ADMINISTRATOR.—
(1) IN GENERAL.—Not later than 30 days after
receipt of filtration media under subsection (c), the
Administrator shall—
determined by substituting ‘‘calendar year
2000’’ for ‘‘calendar year 1992’’ in subpara-
graph (B) of such section 1(f)(3).
(f) RETENTION OF FILTRATION MEDIA.—The Ad-
ministrator shall require that an air carrier retain and
properly store all filtration media for a period of not less
than 45 days after any filtration media is replaced.
SEC. 5. DISCLOSURE OF INFORMATION ON PRODUCTS
USED IN THE MAINTENANCE, OPERATION, OR
TREATMENT OF AIRCRAFT.
(a) REQUEST MADE TO THE ADMINISTRATOR.—
(1) IN
GENERAL.—Any crew member, pas-
senger, or their representative may file a request
with the Administrator for information on the chem-
ical constituents of products (either alone or in com-
bination, including the byproducts generated by
thermal degradation or decomposition of those prod-
ucts) used in the maintenance, operation, or treat-
ment of aircraft to which a crew member or pas-
senger may be or may have been directly exposed.
(2) SPECIAL RULE FOR THE PREVIOUS 5-YEAR
PERIOD.—Any crew member, passenger, or their
representative may file a request with the Adminis-
trator for the information described in paragraph
(1) regarding a product that was used during the 5-
year period preceding the date of enactment of this
Act if the request is made not later than 90 calendar
days after the date of enactment of this Act.
(b) REQUEST FORWARDED TO AIR CARRIER.—With-
in 30 calendar days of receiving a request described in
subsection (a), the Administrator shall record receipt of
that request and forward it to the air carrier.
(c) INFORMATION TO BE DISCLOSED.—
(1) IN GENERAL.—An air carrier that receives
a request described in subsection (a) shall provide
the information to the individual making that
request—
(A) not later than 15 calendar days after
receiving a request described in subsection
(a)(1); and
(B) not later than 30 days after receiving
a request described in subsection (a)(2).
(2) INFORMATION TO BE INCLUDED.—An air
carrier shall provide to a person making a request
described in subsection (a) the following:
(A) Information on the toxicity and toxi-
cology of the products described in subsection
(a).
(B) Any report of an aircraft air quality
incident, including any first aid and medical
treatment or tests required by any person in
connection with the aircraft air quality incident.
(C) Any monitoring data, including meas-
urements of exposures of personnel in the work
environment, measurements of ambient air and
surface contamination in the work environment,
and in-duct measurements.
(D) All reports, investigative documents,
studies, memos, and letters related to or arising
from any complaint, report, or request regard-
ing air quality on aircraft.
(E) Any health or symptom survey distrib-
uted to crew members.
(d) CIVIL PENALTY FOR NONCOMPLIANCE.—
(1) IN GENERAL.—Any air carrier that does not
produce any information requested pursuant to this
section shall be subject to a civil penalty of $1,000
for each day that the carrier fails to produce the in-
formation.
(2) FINES INCREASED FOR INFLATION.—In the
case of any calendar year beginning after 2001, the
dollar amount described in paragraph (1) shall be
increased by an amount equal to—
(A) such dollar amount, multiplied by
(B) the cost-of-living adjustment deter-
mined under section 1(f)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 1(f)(3)) for
the calendar year in which the fine is assessed,
determined by substituting ‘‘calendar year
2000’’ for ‘‘calendar year 1992’’ in subpara-
graph (B) of such section 1(f)(3).
(e) RETENTION OF INFORMATION ON PRODUCTS AND
BYPRODUCTS.—The Administrator shall require that an
air carrier retain the records described in this section for
a period of not less than 5 years, or for such longer period
as is under any other provision of law.
(f) RELATIONSHIP TO OTHER DISCLOSURES.—The
information required to be provided under this section
shall be provided to the crew member, passenger, or their
representative in addition to any information provided in
the material safety data sheet.
SEC. 6. CABIN PRESSURIZATION.
(a) STUDY OF CABIN OXYGEN LEVELS.—The Ad-
ministrator, in consultation with the National Academy of
Sciences Committee on Air Quality in Passenger Cabins
of Commercial Aircraft, shall award a grant to an eligible
applicant described in subsection (b) to conduct an
aeromedical research study to determine what cabin alti-
tude must be maintained to provide sufficient oxygen to
ensure that the short- and long-term health of 95 percent
of a representative sample of cabin crew and passengers
is not adversely affected.
(b) ELIGIBLE APPLICANT.—An eligible applicant de-
scribed in this subsection is an expert in an appropriate
academic field who is affiliated with a school of public or
occupational health that does not receive funding from the
airline industry.
(c) ELEMENTS OF THE STUDY.—The study shall
include—
(1) measurements of blood oxygen saturation
collected at cabin altitudes that range from 5,000 to
8,000 feet from a sample of crew members and pas-
sengers selected to represent the range of weight
and health considerations that could affect blood ox-
ygen transport (including cardiovascular and res-
piratory conditions); and
(2) a review of existing data and published lit-
erature.
(d) REPORT.—The eligible applicant selected to re-
ceive the grant under this section shall complete the study
and submit a report regarding the results of the study to
the Administrator not later than 18 months after the re-
ceipt of the grant funds.
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