II
118th CONGRESS
1st Session
S. 1256
IN THE SENATE OF THE UNITED STATES
April 25, 2023
Mrs. Capito (for herself and Ms. Baldwin) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
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.
Short title
This Act may be cited as the Global Aircraft Maintenance Safety Improvement Act
.
FAA oversight of repair stations located outside the United States
In general
Section 44733 of title 49, United States Code, is amended—
in the section heading by striking Inspection
and inserting Oversight
;
in subsection (e)—
in the first sentence—
by inserting , without prior notice to such repair stations,
after annually
; and
by inserting and the applicable laws of the country in which a repair station is located
after international agreements
; and
by striking the second 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.
;
by redesignating subsection (g) as subsection (i); and
by inserting after subsection (f) the following:
Data analysis
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.
Information required
A report under paragraph (1) shall contain the following information:
The location where any heavy maintenance work on aircraft (including on-wing aircraft engines) was performed outside the United States.
A description of the work performed at each such location.
The date of completion of the work performed at each such location.
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—
requires corrective action after the aircraft is approved for return to service; and
results from the work performed on such aircraft.
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.
Analysis
The Administrator of the Federal Aviation Administration shall—
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
require appropriate actions in response.
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.
Minimum qualifications for mechanics and others working on U.S. registered aircraft
In general
Not later than 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall require that, at each covered repair station—
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
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.
Available for consultation
Not later than 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration 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.
.
Definition of covered repair station
In general
Section 44733(i) of title 49, United States Code (as redesignated by subsection (a)(3)), is amended—
by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and
by inserting before paragraph (2), as so redesignated, the following:
Covered repair station
The term covered repair station means a facility that—
is located outside the United States;
is certificated under part 145 of title 14, Code of Federal Regulations; and
performs heavy maintenance work on aircraft (including on-wing aircraft engines) operated under part 121 of title 14, Code of Federal Regulations.
.
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
.
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.
.
Alcohol and drug testing and background checks
In general
Beginning on the date that is 2 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration (in this Act referred to as theAdministrator
) 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.
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.
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—
exclusively for the purpose of conducting a safety inspection;
directly related to aviation safety standards, certification, and oversight; or
vital to the national interests of the United States.
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—
may not delegate the authority to make such a determination to any other individual; and
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)—
the name of the individual approved or authorized to travel internationally;
the location to which the individual is traveling;
a detailed explanation of why the Administrator has determined the travel is—
directly related to aviation safety standards, certification, and oversight; or
vital to the national interests of the United States; and
a detailed description of the status of the rulemakings described in subsection (a).
Definition of covered repair station
For purposes of this section, the term covered repair station means a facility that—
is located outside the United States;
is certificated under part 145 of title 14, Code of Federal Regulations; and
performs heavy maintenance work on aircraft (including on-wing aircraft engines), operated under part 121 of title 14, Code of Federal Regulations.