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Full Text of this Amendment

SA 4647. Mr. BROWNBACK submitted an amendment intended to be proposed to amendment SA 4590 submitted by Mrs. McCaskill (for herself, Mr. Specter, Mr. Obama, and Mrs. Clinton) and intended to be proposed to the bill H.R. 2881, to amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2008 through 2011, to improve aviation safety and capacity, to provide stable funding for the national aviation
system, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 4 of the matter proposed to be inserted, strike line 1 and all that follows through page 9, line 2, and insert the following:
``(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 of a part 121 air carrier to be performed by maintenance personnel employed by--
``(1) a part 145 repair station;
``(2) a part 121 air carrier;
``(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; or
``(4) a holder of a production certificate under part 21 of title 14, Code of Federal Regulations, if such personnel are subcontracted by a part 145 repair station.
``(c) Certification of Inspection of Foreign Repair Stations.--
``(1) IN GENERAL.--Not later than 2 years after the date of the enactment of this section, annually thereafter, and except as provided in paragraph (2), the Administrator shall certify to Congress that--
``(A) each foreign repair station certified by the Administrator 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
``(B) 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.
``(2) EXCEPTION.--The requirements of paragraph (1) shall not apply with respect to foreign repair stations located in countries with which the United States has entered into a bi-lateral maintenance agreement.
``(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 amend the certification requirements under part 145 of title 14, Code of Federal Regulations, to require alcohol and controlled substance testing in accordance with section 45102 of this title for any individual employed by a foreign repair station who performs a safety-sensitive function on a United States commercial aircraft
of a part 121 air carrier.''.
(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--
(i) to require each part 121 air carrier to identify and submit to the Administrator a complete list of all noncertified maintenance providers that perform covered maintenance work on United States commercial aircraft operated 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) Repair Station Security Requirements.--Section 44924 is amended by striking subsections (a) through (g) and inserting the following:
``(a) In General.--Not later than 180 days after the date of the enactment of this section, the Administrator shall require each part 145 repair station, as a condition of certification or recertification under part 145 of title 14, Code of Federal Regulations, to implement security requirements--
``(1) to ensure that the facilities of such repair station are safe and secure; and
``(2) that include the requirements described in subsection (b).
``(b) Security Requirements.--The security requirements described in this subsection are requirements of a part 145 repair station to implement the following:
``(1) Methods for controlling access to secure areas.
``(2) Methods to insure that an individual is immediately denied entry to secured areas when that person's access authority for that area is withdrawn.
``(3) Methods to ensure that visitors are escorted while on facility premises.
``(4) A program to subject each individual applicant for employment with the repair station to employment history verification.
``(5) A program to ensure the security of protected materials.
``(c) Compliance of Repair Stations With Security Requirements.--
``(1) PROHIBITION ON CERTIFICATION OF REPAIR STATIONS THAT DO NOT COMPLY WITH SECURITY REQUIREMENTS.--The Administrator may not certify or recertify a repair station under part 145 of title 14, Code of Federal Regulations (or any successor regulation), unless--
``(A) such repair station is in compliance with the security requirements required by subsection (a); and
``(B) such repair station certifies to the Under Secretary for Border and Transportation Security annually that such repair station is in compliance with such security requirements.
``(2) NOTIFICATION TO AIR CARRIERS OF NONCOMPLIANCE BY REPAIR STATIONS.--If the Under Secretary for Border and Transportation Security of the Department of Homeland Security is aware that a part 145 repair station is not in compliance with a security requirement required by subsection (a) or that a security issue or vulnerability has been identified with respect to such repair station, the Under Secretary shall provide notice to each part 121 air carrier of such noncompliance or security
issue or vulnerability.
``(d) Definitions.--In this section:
``(1) 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).
``(2) PART 145 REPAIR STATION.--The term `part 145 repair station' means a foreign or domestic repair station that holds a certificate under part 145 of title 14, Code of Federal Regulations (or any successor regulation).''.


(As printed in the Congressional Record for the Senate on May 1, 2008.)