On Tuesday, April 20, Reps. Jim Langevin (D-R.I.), Bennie Thompson (D-Mass.) and Sheila Jackson Lee (D-Texas) introduced legislation (H.R. 1981) that would require the Transportation Security Administration (TSA) and the FAA to issue regulations establishing security standards for foreign repair stations performing maintenance on U.S. aircraft.
H.R. 1981 seeks to amend Title 49 of the United States Code to direct the TSA to recognize a two-and-half year old congressional mandate to issue and enforce security rules for third-party repair facilities that work on U.S. aircraft. The bill would restore higher standards and stronger enforcement of aircraft repair work performed overseas by forcing overseas repair stations to adhere to “comparable security standards” already in place at U.S. repair facilities. In addition, the legislation would impose background checks on employees of contract repair stations in the same manner as those imposed on air carrier employees.
Rep. Dan Lungren (R-Calif.), ranking member of the House Committee on Homeland Security, Subcommittee on Transportation Security and Infrastructure Protection, said the bill reflects “bipartisan concern and a bipartisan approach” to aviation security. “Despite the fact that we’ve given lots of attention to aviation security, it still remains one of our foremost homeland security concerns,” he said.
In the aftermath of September 11, the increasing trend of outsourcing maintenance to third-party vendors has raised serious security issues. In 2003, the FAA and TSA were asked to cease operations at certain repair stations until security audits of the facilities could be conducted. At that time, the administration dismissed the request and instead Congress included a provision in the 2003 FAA Reauthorization Act (P.L. 108-176) requiring that TSA, in consultation with the FAA, issue final regulations governing domestic and foreign repair stations. Though these regulations were due in August of 2004, to date, no final or proposed rule has been issued by TSA. TSA is also required to conduct audits of foreign repair stations 18 months after security rules are finalized; however, since regulations have not been issued, audits have not begun despite Congressional directives.
In addition, H.R. 1981 states that if TSA does not issue final regulations 60 days after enactment, TSA must issue an order prohibiting the use of foreign repair stations certified for maintenance of U.S. aircraft. The bill would also change the deadline on security audits to nine months instead of the 18 months provided under current law.
During the March 29 House hearing on “Oversight of Outsourced Maintenance” (see Legislative Update, March 30, 2007, or full testimony at www.passnational.org), PASS expressed serious concern over the regulations governing foreign repair stations. “It should go without saying that if a foreign repair station wants to work on U.S.-registered aircraft or any aircraft that operate in this country, those repair stations should be required to meet the same safety standards as domestic repair stations,” said PASS President Tom Brantley. H.R. 1981 was scheduled for markup in the subcommittee on April 24; however, action on this bill was postponed pending further hearings.