[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7321 Introduced in House (IH)]
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117th CONGRESS
2d Session
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 31, 2022
Mr. DeFazio (for himself, Mr. Bacon, Ms. Brownley, Mr. Fitzpatrick, Mr.
Garamendi, Mr. Garcia of Illinois, Mr. Katko, Ms. Malliotakis, Mr.
McKinley, Ms. Norton, Mr. Pappas, Mr. Sires, Mr. Smith of New Jersey,
and Mr. Van Drew) 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 ``Safe Aircraft Maintenance Standards
Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the safety of the United States 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
its 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. 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,'' after
``annually''; and
(B) 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.'';
(3) by redesignating subsection (g) as subsection (k); 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 responsible Flight Standards office of the
Administration, not later than the last day of each calendar
month, a report containing the information described in
paragraph (2) with respect to maintenance, preventive
maintenance, or alteration of an aircraft that is performed
during the preceding calendar month.
``(2) Information required.--A report under paragraph (1)
shall contain the following information:
``(A) The location where any maintenance,
preventive maintenance, or alteration 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) The total man-hours associated with
completing the work performed at each such location.
``(E) A list of all failures, malfunctions, or
defects affecting the safe operation of an aircraft
identified by the air carrier as requiring corrective
action after return to service, organized by reference
to aircraft registration number.
``(F) The certificate number of the person
approving an aircraft, or a powerplant or part, for
return to service following completion of the work
performed at each such location.
``(3) Updates.--Not later than 180 days after the date on
which an aircraft returns to service, an air carrier shall
update the information described in paragraph (2)(E) with
respect to any failure, malfunction, or defect discovered by
the air carrier following return to service during such period.
``(4) Analysis.--The Administrator shall--
``(A) analyze reports submitted 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 maintenance, preventive
maintenance, and alterations performed outside the
United States; and
``(B) require appropriate actions in response to
such reports.
``(h) Annual Reporting Requirement.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, and annually thereafter, each air
carrier conducting operations under part 121 of title 14, Code
of Federal Regulations, shall upload to the online repository
described in paragraph (2) a report containing--
``(A) a minimum of 1 year of heavy maintenance work
history for each aircraft (organized by reference to
aircraft registration number) that conducted operations
under such part 121 during the previous calendar year;
``(B) the percentage and total number of mechanics
carrying out maintenance, preventive maintenance, or
alterations on aircraft for the air carrier during the
previous year who are employees and who are not
employees of the air carrier;
``(C) the percentage and total number of mechanics
certified under part 65 of such title carrying out
maintenance, preventive maintenance, or alterations on
aircraft for the air carrier during the previous year
who are based and who are not based in the United
States;
``(D) the percentage and total number of mechanics,
regardless of certification, carrying out maintenance,
preventive maintenance, or alterations on aircraft for
the air carrier during the previous year who are based
and who are not based in the United States;
``(E) the percentage and total number of mechanics
carrying out maintenance, preventive maintenance, or
alterations on aircraft for the air carrier during the
previous year who are certified under part 65 of such
title and who are not certified under part 65 of such
title;
``(F) other information to be provided by the air
carrier regarding maintenance, safety, and the aircraft
fleet of the carrier that is of interest to the
traveling public, as determined appropriate by the
Administrator;
``(G) all locations where aircraft in the fleet of
such air carrier have undergone heavy maintenance work
in the past 3 years, listed by total man-hours; and
``(H) all locations where heavy maintenance work on
an aircraft may be carried out for the air carrier
under an existing contract.
``(2) Online repository.--The Administrator shall establish
an online repository for information submitted under paragraph
(1) that allows an air carrier to electronically upload the
data required to be submitted under such paragraph.
``(i) International Standards for Safety Oversight of Civil
Aviation.--
``(1) Applications and requests for renewal.--
``(A) In general.--The Administrator may not
approve any application or request for renewal 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.
``(B) Maintenance implementation procedures
agreement.--The Administrator may elect not to enter
into a maintenance implementation procedures agreement
with a country that the Administrator has classified as
Category 2 to the extent the Administrator determines
is necessary to comply with the requirements of this
subsection.
``(2) Continued heavy maintenance work.--No air carrier
conducting operations under part 121 of title 14, Code of
Federal Regulations, may 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.
``(j) 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;
``(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; and
``(C) all personnel performing required inspections
under part 145 of such title are appropriately
certificated as a mechanic or repairman under part 65
of such title.
``(2) Physical presence.--Not later than 1 year after the
date of enactment of this subsection, the Administrator shall
require that any individual who is responsible for
authorization of return of an article to service or who is
directly in charge of maintenance, preventive maintenance, or
alterations performed on aircraft operated under part 121 of
title 14, Code of Federal Regulations--
``(A) be physically present near the aircraft and
available for consultation while work is being
performed; or
``(B) personally perform the work.''.
(b) Definition of Covered Repair Station.--
(1) In general.--Section 44733(k) 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); 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 maintenance, preventive maintenance,
or alterations of aircraft, including powerplants and
parts of such aircraft, 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. MORATORIUM.
(a) Moratorium on Issuance of Part 145 Certificate.--Beginning on
the date that is 1 year after the date of enactment of this Act, the
Administrator may not issue any new certificate under part 145 of title
14, Code of Federal Regulations, with respect to a facility located
outside the United States until--
(1) the final rule required under section 2112(b) of the
FAA Extension, Safety, and Security Act of 2016 (Public Law
114-190) has been issued;
(2) the Administrator has issued the final rule required
under subsection (b); and
(3) any regulatory changes required by this Act or the
amendments made by this Act have been implemented.
(b) Final Rule 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 issue a
final rule 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.
SEC. 5. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(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 maintenance, preventive maintenance,
or alterations of aircraft, including powerplants and
parts of such aircraft, operated under part 121 of
title 14, Code of Federal Regulations.
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