II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safe Aviation Facilities 

5 Ensure Aircraft Integrity and Reliability Act of 2009’’ or 

6 the ‘‘SAFE AIR Act of 2009’’. 

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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Federal 

5 Aviation Administration. 

6 (2) AIR CARRIER.—The term ‘‘air carrier’’ has 

7 the meaning given that term in section 40102(a) of 

8 title 49, United States Code. 

9 (3) AIR TRANSPORTATION.—The term ‘‘air 

10 transportation’’ has the meaning given that term in 

11 such section 40102(a). 

12 (4) AIRCRAFT.—The term ‘‘aircraft’’ has the 

13 meaning given that term in such section 40102(a). 

14 (5) COVERED MAINTENANCE WORK.—The term 

15 ‘‘covered maintenance work’’ means maintenance 

16 work that is substantial, scheduled, or a required in17 spection item, as determined by the Administrator. 

18 (6) PART 121 AIR CARRIER.—The term ‘‘part 

19 121 air carrier’’ means an air carrier that holds a 

20 certificate under part 121 of title 14, Code of Fed21 eral Regulations (or any successor regulation). 

22 (7) PART 145 REPAIR STATION.—The term 

23 ‘‘part 145 repair station’’ means a repair station 

24 that holds a certificate under part 145 of title 14, 

25 Code of Federal Regulations (or any successor regu26 lation). 

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1 (8) UNITED STATES COMMERCIAL AIRCRAFT.— 

2 The term ‘‘United States commercial aircraft’’ 

3 means an aircraft registered in the United States 

4 and owned or leased by an air carrier to be used for 

5 air commerce (as defined in section 40102(a) of title 

6 49, United States Code). 

7 SEC. 3. ENHANCED OVERSIGHT AND INSPECTION OF RE8 PAIR STATIONS AND MAINTENANCE WORK. 

9 (a) OVERSIGHT AND INSPECTION OF REPAIR STA10 TIONS AND MAINTENANCE WORK.— 

11 (1) IN GENERAL.—Chapter 447 of title 49, 

12 United States Code, is amended by adding at the 

13 end the following: 

14 ‘‘SEC. 44730. OVERSIGHT AND INSPECTION OF REPAIR STA15 TIONS AND MAINTENANCE WORK. 

16 ‘‘(a) DEFINITIONS.—In this section: 

17 ‘‘(1) COVERED MAINTENANCE WORK.—The 

18 term ‘covered maintenance work’ means mainte19 nance work that is substantial, scheduled, or a re20 quired inspection item, as determined by the Admin21 istrator. 

22 ‘‘(2) FOREIGN REPAIR STATION.—The term 

23 ‘foreign repair station’ has the meaning of that term 

24 used in section 44924. 

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1 ‘‘(3) PART 121 AIR CARRIER.—The term ‘part 

2 121 air carrier’ means an air carrier that holds a 

3 certificate under part 121 of title 14, Code of Fed4 eral Regulations (or any successor regulation). 

5 ‘‘(4) PART 145 REPAIR STATION.—The term 

6 ‘part 145 repair station’ means a repair station that 

7 holds a certificate under part 145 of title 14, Code 

8 of Federal Regulations (or any successor regulation). 

9 ‘‘(5) UNITED STATES COMMERCIAL AIR10 CRAFT.—The term ‘United States commercial air11 craft’ means an aircraft registered in the United 

12 States and owned or leased by an air carrier to be 

13 used for air commerce. 

14 ‘‘(b) PERFORMANCE OF MAINTENANCE WORK BY

15 CERTAIN INDIVIDUALS.— 

16 ‘‘(1) IN GENERAL.—Not later than 3 years 

17 after the date of the enactment of this section, the 

18 Administrator of the Federal Aviation Administra19 tion shall issue regulations requiring that all covered 

20 maintenance work on aircraft used by part 121 air 

21 carriers to provide air transportation be performed 

22 by individuals described in paragraph (2). 

23 ‘‘(2) INDIVIDUALS DESCRIBED.—An individual 

24 described in this paragraph is— 

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1 ‘‘(A) an individual employed by the part 

2 121 air carrier for which covered maintenance 

3 work is performed; 

4 ‘‘(B) an individual employed by another 

5 part 121 air carrier; 

6 ‘‘(C) an individual employed by a part 145 

7 repair station; or 

8 ‘‘(D) an individual employed by a person 

9 that provides contract maintenance workers to 

10 a part 145 repair station or a part 121 air car11 rier, if the individual— 

12 ‘‘(i) meets the requirements for indi13 viduals employed by the repair station or 

14 air carrier, as the case may be; 

15 ‘‘(ii) works under the direct super16 vision and control of the repair station or 

17 air carrier, as the case may be; and 

18 ‘‘(iii) carries out the covered mainte19 nance work in accordance with the mainte20 nance manual of the part 121 air carrier 

21 for which the work is performed and, if ap22 plicable, the maintenance and quality con23 trol manuals of the part 145 repair sta24 tion. 

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1 ‘‘(c) CERTIFICATION OF INSPECTION OF FOREIGN

2 REPAIR STATIONS.—Not later than 2 years after the date 

3 of the enactment of this section, and annually thereafter, 

4 the Administrator shall certify to Congress that— 

5 ‘‘(1) each certified foreign repair station that 

6 performs covered maintenance work on an aircraft 

7 or a component of an aircraft for a part 121 air car8 rier has been inspected not fewer than 2 times in the 

9 preceding calendar year by an aviation safety inspec10 tor of the Federal Aviation Administration; and 

11 ‘‘(2) not fewer than 1 of the inspections re12 quired by paragraph (1) for each certified foreign re13 pair station was carried out at the repair station 

14 without any advance notice to the foreign repair sta15 tion. 

16 ‘‘(d) DRUG AND ALCOHOL TESTING OF FOREIGN RE17 PAIR STATION PERSONNEL.—Not later than 1 year after 

18 the date of the enactment of this section, the Adminis19 trator shall modify the certification requirements under 

20 part 145 of title 14, Code of Federal Regulations, to in21 clude testing for the use of alcohol or a controlled sub22 stance in accordance with section 45102 of this title of 

23 any individual employed by a foreign repair station and 

24 performing a safety-sensitive function on a United States 

25 commercial aircraft for a foreign repair station.’’. 

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1 (2) CLERICAL AMENDMENT.—The table of sec2 tion for chapter 447 of title 49, United States Code, 

3 is amended by adding at the end the following: 

‘‘44730. Oversight and inspection of repair stations and maintenance work.’’. 

4 (b) TEMPORARY PLAN FOR IDENTIFICATION AND

5 OVERSIGHT OF CERTAIN REPAIR FACILITIES.— 

6 (1) IN GENERAL.—The Administrator shall de7 velop a plan— 

8 (A) to require each part 121 air carrier to 

9 identify and submit to the Administrator a 

10 complete list of all maintenance providers (other 

11 than part 145 repair stations or part 121 air 

12 carriers) that perform covered maintenance 

13 work on United States commercial aircraft used 

14 by the part 121 air carrier to provide air trans15 portation; 

16 (B) to verify each list submitted by a part 

17 121 air carrier under subparagraph (A) by 

18 against the records of the air carrier, such as 

19 maintenance activity reports and general vendor 

20 listings; and 

21 (C) to carry out surveillance and oversight 

22 by field inspectors of the Federal Aviation Ad23 ministration of all maintenance providers identi24 fied in a list submitted under subparagraph 

25 (A). 

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1 (2) REPORT ON PLAN.—Not later than 180 

2 days after the date of the enactment of this Act, the 

3 Administrator shall submit to Congress a report that 

4 contains the plan required by paragraph (1). 

5 (3) IMPLEMENTATION OF PLAN.—Beginning 

6 not later than the date that is 1 year after the date 

7 of the enactment of this Act and ending on the date 

8 on which regulations issued under section 44730(b) 

9 of title 49, United States Code, as added by sub10 section (a), are implemented, the Administrator shall 

11 carry out the plan required by paragraph (1). 

12 (4) ANNUAL REPORT ON IMPLEMENTATION.— 

13 Not later than 180 days after the commencement of 

14 the plan under paragraph (3) and annually there15 after until the regulations described in that para16 graph are implemented, the Administrator shall sub17 mit to Congress a report on the implementation of 

18 the plan required by paragraph (1). 

19 SEC. 4. REGULATION OF FOREIGN REPAIR STATIONS FOR 

20 SECURITY. 

21 (a) IN GENERAL.—Section 44924 of title 49, United 

22 States Code, is amended by adding at the end the fol23 lowing: 

24 ‘‘(h) COMPLIANCE OF FOREIGN REPAIR STATIONS

25 WITH SECURITY REGULATIONS.— 

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1 ‘‘(1) PROHIBITION ON CERTIFICATION OF FOR2 EIGN REPAIR STATIONS THAT DO NOT COMPLY WITH

3 SECURITY REGULATIONS.—The Administrator may 

4 not certify or recertify a foreign repair station under 

5 part 145 of title 14, Code of Federal Regulations, 

6 unless the foreign repair station is in compliance 

7 with all applicable final security regulations pre8 scribed under subsection (f). 

9 ‘‘(2) NOTIFICATION TO AIR CARRIERS OF NON10 COMPLIANCE BY FOREIGN REPAIR STATIONS.—If the 

11 Under Secretary is aware that a foreign repair sta12 tion is not in compliance with a security regulation 

13 or that a security issue or vulnerability has been 

14 identified with respect to the foreign repair station 

15 in a security review or audit required under sub16 section (a) or any regulation prescribed under sub17 section (f), the Under Secretary shall provide notice 

18 to each air carrier that holds a certificate under part 

19 121 of title 14, Code of Federal Regulations, of such 

20 noncompliance or security issue or vulnerability.’’. 

21 (b) UPDATE OF FOREIGN REPAIR FEE SCHEDULE.— 

22 (1) IN GENERAL.—Not later than 1 year after 

23 the date of the enactment of this Act, the Adminis24 trator shall revise the methodology for computation 

25 of fees for certification services performed outside 

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1 the United States under part 187 of title 14, Code 

2 of Federal Regulations, to cover fully the costs to 

3 the Federal Aviation Administration of providing 

4 such certification services, including— 

5 (A) the costs of all related inspection serv6 ices; 

7 (B) all travel expenses, salaries, and em8 ployment benefits of inspectors who provide 

9 such services; and 

10 (C) any increased costs to the Administra11 tion resulting from requirements of this Act. 

12 (2) UPDATES.—The Administrator shall peri13 odically revise the methodology described in para14 graph (1) to account for subsequent changes in the 

15 costs to the Administration of providing certification 

16 services. 

17 SEC. 5. ANNUAL REPORT BY INSPECTOR GENERAL. 

18 Not later than 1 year after the date of the enactment 

19 of this Act, and annually thereafter, the Inspector General 

20 of the Department of Transportation shall submit to Con21 gress a report on the implementation of— 

22 (1) section 44730 of title 49, United States 

23 Code, as added by section 3(a) of this Act; 

24 (2) the plan required under section 3(b) of this 

25 Act; 

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1 (3) subsection (h) of section 44924 of title 49, 

2 United States Code, as added by section 4(a) of this 

3 Act; 

4 (4) the revised methodology required under sec5 tion 4(b) of this Act; and 

6 (5) any regulations issued or revised pursuant 

7 to this Act. 

Æ 

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