II 110th CONGRESS 2d Session S. 3090 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.

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.

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:

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.