[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.
<all>