[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3090 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3090

    To provide for adequate oversight and inspection by the Federal 
 Aviation Administration of facilities outside the United States that 
    perform maintenance and repair work on United States commercial 
                   aircraft, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 5, 2008

Mrs. McCaskill (for herself, Mr. Specter, Mr. Obama, and Mrs. Clinton) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To provide for adequate oversight and inspection by the Federal 
 Aviation Administration of facilities outside the United States that 
    perform maintenance and repair work on United States commercial 
                   aircraft, 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 Aviation Facilities Ensure 
Aircraft Integrity and Reliability Act of 2008'' or the ``SAFE AIR Act 
of 2008''.

SEC. 2. ENHANCED OVERSIGHT AND INSPECTION OF REPAIR STATIONS.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) Air carrier.--The term ``air carrier'' has the meaning 
        given that term in section 40102(a) of title 49, United States 
        Code.
            (3) Air transportation.--The term ``air transportation'' 
        has the meaning given that term in such section 40102(a).
            (4) Aircraft.--The term ``aircraft'' has the meaning given 
        that term in such section 40102(a).
            (5) Covered maintenance work.--The term ``covered 
        maintenance work'' means maintenance work that is substantial, 
        scheduled, or a required inspection item, as determined by the 
        Administrator.
            (6) Part 121 air carrier.--The term ``part 121 air 
        carrier'' means an air carrier that holds a certificate under 
        part 121 of title 14, Code of Federal Regulations (or any 
        successor regulation).
            (7) Part 145 repair station.--The term ``part 145 repair 
        station'' means a repair station that holds a certificate under 
        part 145 of title 14, Code of Federal Regulations (or any 
        successor regulation).
            (8) United states commercial aircraft.--The term ``United 
        States commercial aircraft'' means an aircraft registered in 
        the United States and owned or leased by a commercial air 
        carrier.
    (b) Regulation of Repair Stations for Safety.--
            (1) In general.--Chapter 447 of title 49, United States 
        Code, is amended by adding at the end the following:

``SEC. 44730. REPAIR STATIONS.

    ``(a) Definitions.--In this section:
            ``(1) Covered maintenance work.--The term `covered 
        maintenance work' means maintenance work that is substantial, 
        scheduled, or a required inspection item, as determined by the 
        Administrator.
            ``(2) Part 121 air carrier.--The term `part 121 air 
        carrier' means an air carrier that holds a certificate under 
        part 121 of title 14, Code of Federal Regulations (or any 
        successor regulation).
            ``(3) Part 145 repair station.--The term `part 145 repair 
        station' means a repair station that holds a certificate under 
        part 145 of title 14, Code of Federal Regulations (or any 
        successor regulation).
            ``(4) United states commercial aircraft.--The term `United 
        States commercial aircraft' means an aircraft registered in the 
        United States and owned or leased by a commercial air carrier.
    ``(b) Requirements for Maintenance Personnel Providing Covered 
Maintenance Work.--Not later than 3 years after the date of the 
enactment of this section, the Administrator shall prescribe 
regulations requiring all covered maintenance work on United States 
commercial aircraft to be performed by maintenance personnel employed 
by--
            ``(1) a part 145 repair station;
            ``(2) a part 121 air carrier; or
            ``(3) a person that provides contract maintenance personnel 
        to a part 145 repair station or a part 121 air carrier, if such 
        personnel--
                    ``(A) meet the requirements of such repair station 
                or air carrier, as the case may be;
                    ``(B) work under the direct supervision and control 
                of such repair station or air carrier, as the case may 
                be; and
                    ``(C) carry out their work in accordance with the 
                quality control manuals of such repair station or the 
                maintenance manual of such air carrier, as the case may 
                be.
    ``(c) Certification of Inspection of Foreign Repair Stations.--Not 
later than 2 years after the date of the enactment of this section, and 
annually thereafter, the Administrator shall certify to Congress that--
            ``(1) each certified foreign repair station that performs 
        maintenance work on an aircraft or a component of an aircraft 
        for a part 121 air carrier has been inspected not fewer than 2 
        times in the preceding calendar year by an aviation safety 
        inspector of the Federal Aviation Administration; and
            ``(2) not fewer than 1 of the inspections required by 
        paragraph (1) for each certified foreign repair station was 
        carried out at such repair station without any advance notice 
        to such foreign repair station.
    ``(d) Drug and Alcohol Testing of Foreign Repair Station 
Personnel.--Not later than 1 year after the date of the enactment of 
this section, the Administrator shall modify the certification 
requirements under part 145 of title 14, Code of Federal Regulations, 
to include testing for the use of alcohol or a controlled substance in 
accordance with section 45102 of this title of any individual employed 
by a foreign repair station and performing a safety-sensitive function 
on a United States commercial aircraft for a foreign repair station.''.
            (2) Temporary program of identification and oversight of 
        noncertified repair facilities.--
                    (A) Develop plan.--Not later than 180 days after 
                the date of the enactment of this Act, the 
                Administrator shall develop a plan for a program--
                            (i) to require each part 121 air carrier to 
                        identify and submit to the Administrator a 
                        complete list of all noncertificated 
                        maintenance providers that perform covered 
                        maintenance work on United States commercial 
                        aircraft used by such part 121 air carriers to 
                        provide air transportation;
                            (ii) to validate lists described in clause 
                        (i) that are submitted by a part 121 air 
                        carrier to the Administrator by sampling the 
                        records of part 121 air carriers, such as 
                        maintenance activity reports and general vendor 
                        listings; and
                            (iii) to carry out surveillance and 
                        oversight by field inspectors of the Federal 
                        Aviation Administration of all noncertificated 
                        maintenance providers that perform covered 
                        maintenance work on United States commercial 
                        aircraft for part 121 air carriers.
                    (B) Report on plan for program.--Not later than 180 
                days after the date of the enactment of this Act, the 
                Administrator shall submit to Congress a report that 
                contains the plan required by subparagraph (A).
                    (C) Implementation of planned program.--Not later 
                than 1 year after the date of the enactment of this Act 
                and until regulations are prescribed under section 
                44730(b) of title 49, United States Code, as added by 
                paragraph (1), the Administrator shall carry out the 
                plan required by subparagraph (A).
                    (D) Annual report on implementation.--Not later 
                than 180 days after the commencement of the plan under 
                subparagraph (C) and each year thereafter until the 
                regulations described in such subparagraph are 
                prescribed, the Administrator shall submit to Congress 
                a report on the implementation of the plan carried out 
                under such subparagraph.
            (3) Clerical amendment.--The analysis for chapter 447 of 
        title 49, United States Code, is amended by adding at the end 
        the following:

``44730. Repairs stations.''.
    (c) Regulation of Foreign Repair Stations for Security.--Section 
44924 of title 49, United States Code, is amended by adding at the end 
the following:
    ``(h) Compliance of Foreign Repair Stations With Security 
Regulations.--
            ``(1) Prohibition on certification of foreign repair 
        stations that do not comply with security regulations.--The 
        Administrator may not certify or recertify a foreign repair 
        station under part 145 of title 14, Code of Federal 
        Regulations, unless such foreign repair station is in 
        compliance with all applicable final security regulations 
        prescribed under subsection (f).
            ``(2) Notification to air carriers of noncompliance by 
        foreign repair stations.--If the Under Secretary for Border and 
        Transportation Security of the Department of Homeland Security 
        is aware that a foreign repair station is not in compliance 
        with a security regulation or that a security issue or 
        vulnerability has been identified with respect to such foreign 
        repair station in a security review or audit required under 
        subsection (a) or any regulation prescribed under subsection 
        (f), the Under Secretary shall provide notice to each air 
        carrier that holds a certificate under part 121 of title 14, 
        Code of Federal Regulations, of such noncompliance or security 
        issue or vulnerability.''.
    (d) Update of Foreign Repair Fee Schedule.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Administrator shall revise the 
        methodology for computation of fees for certification services 
        performed outside the United States under part 187 of title 14, 
        Code of Federal Regulations, to cover fully the costs to the 
        Federal Aviation Administration of such certification services, 
        including--
                    (A) the costs of all related inspection services;
                    (B) all travel expenses, salary, and employment 
                benefits of inspectors who provide such services; and
                    (C) any increased costs to the Administration 
                resulting from requirements of this section.
            (2) Updates.--The Administrator shall periodically revise 
        such methodology to account for subsequent changes in such 
        costs to the Administration.
    (e) Annual Report by Inspector General.--Not later than 1 year 
after the date of the enactment of this Act and annually thereafter, 
the Inspector General of the Department of Transportation shall submit 
to Congress a report on the implementation of--
            (1) section 44730 of title 49, United States Code, as added 
        by subsection (b)(1) of this section;
            (2) subsection (b)(2) of this section;
            (3) subsection (h) of section 44924 of such title, as added 
        by subsection (c) of this section;
            (4) subsection (d) of this section; and
            (5) the regulations prescribed or amended under the 
        provisions described in this subsection.
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