117 HR 7321 : Global Aircraft Maintenance Safety Improvement Act
U.S. House of Representatives
2022-10-11
text/xml
EN
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IIB
117th CONGRESS
2d Session
H. R. 7321
IN THE SENATE OF THE UNITED STATES
October 11, 2022
Received; read twice and referred to the Committee on Commerce, Science, and Transportation
AN ACT
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.

Short title
This Act may be cited as the “Global Aircraft Maintenance Safety Improvement Act”.
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.
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.”.
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.
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).
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.
Passed the House of Representatives September 29, 2022.
Cheryl L. Johnson,
Clerk.