II 

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. 

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 2008’’ or 

6 the ‘‘SAFE AIR Act of 2008’’. 


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1 SEC. 2. ENHANCED OVERSIGHT AND INSPECTION OF RE2 PAIR STATIONS. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Federal 

6 Aviation Administration. 

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

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

9 title 49, United States Code. 

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

11 transportation’’ has the meaning given that term in 

12 such section 40102(a). 

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

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

15 (5) COVERED MAINTENANCE WORK.—The term 

16 ‘‘covered maintenance work’’ means maintenance 

17 work that is substantial, scheduled, or a required in18 spection item, as determined by the Administrator. 

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

20 121 air carrier’’ means an air carrier that holds a 

21 certificate under part 121 of title 14, Code of Fed22 eral Regulations (or any successor regulation). 

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

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

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


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1 Code of Federal Regulations (or any successor regu2 lation). 

3 (8) UNITED STATES COMMERCIAL AIRCRAFT.— 

4 The term ‘‘United States commercial aircraft’’ 

5 means an aircraft registered in the United States 

6 and owned or leased by a commercial air carrier. 

7 (b) REGULATION OF REPAIR STATIONS FOR SAFE8 TY.— 

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

10 United States Code, is amended by adding at the 

11 end the following: 

12 ‘‘SEC. 44730. REPAIR STATIONS. 

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

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

15 term ‘covered maintenance work’ means mainte16 nance work that is substantial, scheduled, or a re17 quired inspection item, as determined by the Admin18 istrator. 

19 ‘‘(2) PART 121 AIR CARRIER.—The term ‘part 

20 121 air carrier’ means an air carrier that holds a 

21 certificate under part 121 of title 14, Code of Fed22 eral Regulations (or any successor regulation). 

23 ‘‘(3) PART 145 REPAIR STATION.—The term 

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


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

2 of Federal Regulations (or any successor regulation). 

3 ‘‘(4) UNITED STATES COMMERCIAL AIR4 CRAFT.—The term ‘United States commercial air5 craft’ means an aircraft registered in the United 

6 States and owned or leased by a commercial air car7 rier. 

8 ‘‘(b) REQUIREMENTS FOR MAINTENANCE PER9 SONNEL PROVIDING COVERED MAINTENANCE WORK.— 

10 Not later than 3 years after the date of the enactment 

11 of this section, the Administrator shall prescribe regula12 tions requiring all covered maintenance work on United 

13 States commercial aircraft to be performed by mainte14 nance personnel employed by— 

15 ‘‘(1) a part 145 repair station; 

16 ‘‘(2) a part 121 air carrier; or 

17 ‘‘(3) a person that provides contract mainte18 nance personnel to a part 145 repair station or a 

19 part 121 air carrier, if such personnel— 

20 ‘‘(A) meet the requirements of such repair 

21 station or air carrier, as the case may be; 

22 ‘‘(B) work under the direct supervision and 

23 control of such repair station or air carrier, as 

24 the case may be; and 


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1 ‘‘(C) carry out their work in accordance 

2 with the quality control manuals of such repair 

3 station or the maintenance manual of such air 

4 carrier, as the case may be. 

5 ‘‘(c) CERTIFICATION OF INSPECTION OF FOREIGN

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

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

8 the Administrator shall certify to Congress that— 

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

10 performs maintenance work on an aircraft or a com11 ponent of an aircraft for a part 121 air carrier has 

12 been inspected not fewer than 2 times in the pre13 ceding calendar year by an aviation safety inspector 

14 of the Federal Aviation Administration; and 

15 ‘‘(2) not fewer than 1 of the inspections re16 quired by paragraph (1) for each certified foreign re17 pair station was carried out at such repair station 

18 without any advance notice to such foreign repair 

19 station. 

20 ‘‘(d) DRUG AND ALCOHOL TESTING OF FOREIGN RE21 PAIR STATION PERSONNEL.—Not later than 1 year after 

22 the date of the enactment of this section, the Adminis23 trator shall modify the certification requirements under 

24 part 145 of title 14, Code of Federal Regulations, to in25 clude testing for the use of alcohol or a controlled subVerDate Aug 31 2005 03:54 Jun 07, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3090.IS S3090

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1 stance in accordance with section 45102 of this title of 

2 any individual employed by a foreign repair station and 

3 performing a safety-sensitive function on a United States 

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

5 (2) TEMPORARY PROGRAM OF IDENTIFICATION

6 AND OVERSIGHT OF NONCERTIFIED REPAIR FACILI7 TIES.— 

8 (A) DEVELOP PLAN.—Not later than 180 

9 days after the date of the enactment of this 

10 Act, the Administrator shall develop a plan for 

11 a program— 

12 (i) to require each part 121 air carrier 

13 to identify and submit to the Adminis14 trator a complete list of all noncertificated 

15 maintenance providers that perform cov16 ered maintenance work on United States 

17 commercial aircraft used by such part 121 

18 air carriers to provide air transportation; 

19 (ii) to validate lists described in clause 

20 (i) that are submitted by a part 121 air 

21 carrier to the Administrator by sampling 

22 the records of part 121 air carriers, such 

23 as maintenance activity reports and gen24 eral vendor listings; and 


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1 (iii) to carry out surveillance and 

2 oversight by field inspectors of the Federal 

3 Aviation Administration of all noncertifi4 cated maintenance providers that perform 

5 covered maintenance work on United 

6 States commercial aircraft for part 121 air 

7 carriers. 

8 (B) REPORT ON PLAN FOR PROGRAM.— 

9 Not later than 180 days after the date of the 

10 enactment of this Act, the Administrator shall 

11 submit to Congress a report that contains the 

12 plan required by subparagraph (A). 

13 (C) IMPLEMENTATION OF PLANNED PRO14 GRAM.—Not later than 1 year after the date of 

15 the enactment of this Act and until regulations 

16 are prescribed under section 44730(b) of title 

17 49, United States Code, as added by paragraph 

18 (1), the Administrator shall carry out the plan 

19 required by subparagraph (A). 

20 (D) ANNUAL REPORT ON IMPLEMENTA21 TION.—Not later than 180 days after the com22 mencement of the plan under subparagraph (C) 

23 and each year thereafter until the regulations 

24 described in such subparagraph are prescribed, 

25 the Administrator shall submit to Congress a 


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1 report on the implementation of the plan car2 ried out under such subparagraph. 

3 (3) CLERICAL AMENDMENT.—The analysis for 

4 chapter 447 of title 49, United States Code, is 

5 amended by adding at the end the following: 

‘‘44730. Repairs stations.’’. 

6 (c) REGULATION OF FOREIGN REPAIR STATIONS FOR

7 SECURITY.—Section 44924 of title 49, United States 

8 Code, is amended by adding at the end the following: 

9 ‘‘(h) COMPLIANCE OF FOREIGN REPAIR STATIONS

10 WITH SECURITY REGULATIONS.— 

11 ‘‘(1) PROHIBITION ON CERTIFICATION OF FOR12 EIGN REPAIR STATIONS THAT DO NOT COMPLY WITH

13 SECURITY REGULATIONS.—The Administrator may 

14 not certify or recertify a foreign repair station under 

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

16 unless such foreign repair station is in compliance 

17 with all applicable final security regulations pre18 scribed under subsection (f). 

19 ‘‘(2) NOTIFICATION TO AIR CARRIERS OF NON20 COMPLIANCE BY FOREIGN REPAIR STATIONS.—If the 

21 Under Secretary for Border and Transportation Se22 curity of the Department of Homeland Security is 

23 aware that a foreign repair station is not in compli24 ance with a security regulation or that a security 

25 issue or vulnerability has been identified with respect 


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1 to such foreign repair station in a security review or 

2 audit required under subsection (a) or any regula3 tion prescribed under subsection (f), the Under Sec4 retary shall provide notice to each air carrier that 

5 holds a certificate under part 121 of title 14, Code 

6 of Federal Regulations, of such noncompliance or se7 curity issue or vulnerability.’’. 

8 (d) UPDATE OF FOREIGN REPAIR FEE SCHEDULE.— 

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

10 the date of the enactment of this Act, the Adminis11 trator shall revise the methodology for computation 

12 of fees for certification services performed outside 

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

14 of Federal Regulations, to cover fully the costs to 

15 the Federal Aviation Administration of such certifi16 cation services, including— 

17 (A) the costs of all related inspection serv18 ices; 

19 (B) all travel expenses, salary, and employ20 ment benefits of inspectors who provide such 

21 services; and 

22 (C) any increased costs to the Administra23 tion resulting from requirements of this section. 


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1 (2) UPDATES.—The Administrator shall peri2 odically revise such methodology to account for sub3 sequent changes in such costs to the Administration. 

4 (e) ANNUAL REPORT BY INSPECTOR GENERAL.—Not 

5 later than 1 year after the date of the enactment of this 

6 Act and annually thereafter, the Inspector General of the 

7 Department of Transportation shall submit to Congress 

8 a report on the implementation of— 

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

10 Code, as added by subsection (b)(1) of this section; 

11 (2) subsection (b)(2) of this section; 

12 (3) subsection (h) of section 44924 of such 

13 title, as added by subsection (c) of this section; 

14 (4) subsection (d) of this section; and 

15 (5) the regulations prescribed or amended 

16 under the provisions described in this subsection. 

Æ 


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