[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1454 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1454

    To provide for adequate oversight and inspection by the Federal 
Aviation Administration of individuals who perform maintenance work on 
 United States commercial aircraft and of foreign repair stations that 
               perform such work, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2009

Mrs. McCaskill 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 individuals who perform maintenance work on 
 United States commercial aircraft and of foreign repair stations that 
               perform such work, 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 2009'' or the ``SAFE AIR Act 
of 2009''.

SEC. 2. DEFINITIONS.

    In this Act:
            (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 an air carrier to be 
        used for air commerce (as defined in section 40102(a) of title 
        49, United States Code).

SEC. 3. ENHANCED OVERSIGHT AND INSPECTION OF REPAIR STATIONS AND 
              MAINTENANCE WORK.

    (a) Oversight and Inspection of Repair Stations and Maintenance 
Work.--
            (1) In general.--Chapter 447 of title 49, United States 
        Code, is amended by adding at the end the following:

``SEC. 44730. OVERSIGHT AND INSPECTION OF REPAIR STATIONS AND 
              MAINTENANCE WORK.

    ``(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) Foreign repair station.--The term `foreign repair 
        station' has the meaning of that term used in section 44924.
            ``(3) 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).
            ``(4) 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).
            ``(5) United states commercial aircraft.--The term `United 
        States commercial aircraft' means an aircraft registered in the 
        United States and owned or leased by an air carrier to be used 
        for air commerce.
    ``(b) Performance of Maintenance Work by Certain Individuals.--
            ``(1) In general.--Not later than 3 years after the date of 
        the enactment of this section, the Administrator of the Federal 
        Aviation Administration shall issue regulations requiring that 
        all covered maintenance work on aircraft used by part 121 air 
        carriers to provide air transportation be performed by 
        individuals described in paragraph (2).
            ``(2) Individuals described.--An individual described in 
        this paragraph is--
                    ``(A) an individual employed by the part 121 air 
                carrier for which covered maintenance work is 
                performed;
                    ``(B) an individual employed by another part 121 
                air carrier;
                    ``(C) an individual employed by a part 145 repair 
                station; or
                    ``(D) an individual employed by a person that 
                provides contract maintenance workers to a part 145 
                repair station or a part 121 air carrier, if the 
                individual--
                            ``(i) meets the requirements for 
                        individuals employed by the repair station or 
                        air carrier, as the case may be;
                            ``(ii) works under the direct supervision 
                        and control of the repair station or air 
                        carrier, as the case may be; and
                            ``(iii) carries out the covered maintenance 
                        work in accordance with the maintenance manual 
                        of the part 121 air carrier for which the work 
                        is performed and, if applicable, the 
                        maintenance and quality control manuals of the 
                        part 145 repair station.
    ``(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 
        covered 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 the repair station without any advance notice to 
        the 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) Clerical amendment.--The table of section for chapter 
        447 of title 49, United States Code, is amended by adding at 
        the end the following:

``44730. Oversight and inspection of repair stations and maintenance 
                            work.''.
    (b) Temporary Plan for Identification and Oversight of Certain 
Repair Facilities.--
            (1) In general.--The Administrator shall develop a plan--
                    (A) to require each part 121 air carrier to 
                identify and submit to the Administrator a complete 
                list of all maintenance providers (other than part 145 
                repair stations or part 121 air carriers) that perform 
                covered maintenance work on United States commercial 
                aircraft used by the part 121 air carrier to provide 
                air transportation;
                    (B) to verify each list submitted by a part 121 air 
                carrier under subparagraph (A) by against the records 
                of the air carrier, such as maintenance activity 
                reports and general vendor listings; and
                    (C) to carry out surveillance and oversight by 
                field inspectors of the Federal Aviation Administration 
                of all maintenance providers identified in a list 
                submitted under subparagraph (A).
            (2) Report on plan.--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 paragraph 
        (1).
            (3) Implementation of plan.--Beginning not later than the 
        date that is 1 year after the date of the enactment of this Act 
        and ending on the date on which regulations issued under 
        section 44730(b) of title 49, United States Code, as added by 
        subsection (a), are implemented, the Administrator shall carry 
        out the plan required by paragraph (1).
            (4) Annual report on implementation.--Not later than 180 
        days after the commencement of the plan under paragraph (3) and 
        annually thereafter until the regulations described in that 
        paragraph are implemented, the Administrator shall submit to 
        Congress a report on the implementation of the plan required by 
        paragraph (1).

SEC. 4. REGULATION OF FOREIGN REPAIR STATIONS FOR SECURITY.

    (a) In General.--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 the 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 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 the 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.''.
    (b) 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 providing such certification 
        services, including--
                    (A) the costs of all related inspection services;
                    (B) all travel expenses, salaries, and employment 
                benefits of inspectors who provide such services; and
                    (C) any increased costs to the Administration 
                resulting from requirements of this Act.
            (2) Updates.--The Administrator shall periodically revise 
        the methodology described in paragraph (1) to account for 
        subsequent changes in the costs to the Administration of 
        providing certification services.

SEC. 5. 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 section 3(a) of this Act;
            (2) the plan required under section 3(b) of this Act;
            (3) subsection (h) of section 44924 of title 49, United 
        States Code, as added by section 4(a) of this Act;
            (4) the revised methodology required under section 4(b) of 
        this Act; and
            (5) any regulations issued or revised pursuant to this Act.
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