McCaskill Confronts TSA Head About Negligence of Security Requirements At Foreign Repair Stations

Press Release

McCaskill Confronts TSA Head About Negligence of Security Requirements At Foreign Repair Stations

TSA admits they will miss latest deadline, commits to proposed rules by this summer

At a Senate Commerce Committee hearing today, U.S. Senator Claire McCaskill questioned the top Transportation Security Administration (TSA) official about why after nearly fours years since a rule was required under the Federal Aviation Reauthorization Act the TSA has yet to work the Federal Aviation Administration (FAA) to impose security standards on foreign and domestic repair stations.

"I understand that you have substituted your judgment as it relates to priorities - which of course is your prerogative as head of the agency - but when you have a directive from Congress, I don't think it is appropriate to substitute your judgment. It is the law," McCaskill said at today's hearing.

The required rule, which by law was supposed to be finalized in August of 2004, was the result of a 2003 Department of Transportation Inspector General report that found security at foreign repair stations to be woefully inadequate. For example, the report cited one case in 2001 where a known member of Al Qaeda had been working as a senior aircraft technician on U.S. commercial aircraft at a foreign repair station in Singapore. Additionally, it cited examples of poor perimeter fencing and hangar doors left open and unattended.

The report also identified airport repair stations as being particularly vulnerable to terrorist activity. As a result, five recommendations were issued to TSA to bring these facilities up to adequate security standards, including that "the first line of defense in protecting aircraft on airports is to ensure that unauthorized individuals do not gain access to the airport property…TSA should ensure that aircraft repair stations have a level of security that corresponds to the criticality of the work performed."

Since requiring security standards for foreign repair stations was enacted, the use in foreign repair stations has exploded. In fact, of nine major air carriers reviewed, the IG found the percent of heavy maintenance outsourced to certificated repair stations grew from 34 percent in 2003 to 67 percent in 2006.

Again just last year, Congress acted to ensure that the TSA finalized security rules. The Implementing Recommendations of the 9/11 Commission Act requires TSA to finalize a rule by August 2008 and requires a security audit of all foreign repair stations within six months after the rule is finalized. The provision prohibits FAA from certifying any new foreign repair stations until the security rules had been finalized after August 3, 2008. Currently, over 90 foreign repair stations are on a waiting list or in the process of becoming certified by the FAA.

"Now you've been told by Congress twice to do the rule, and the rule is now four years overdue. I understand you've said it hasn't been a priority, even though Congress has told you twice to make it a priority. This is frustrating, for those of us who get elected and believe that we are trying to exercise the best judgment on behalf of the people we represent, that Congress says this is a priority yet agencies of government ignore what Congress says," McCaskill said.

Under questioning from McCaskill, TSA administrator Kip Hawley admitted TSA would miss the new August deadline. He committed to have a proposed rule released for comment this summer. Public comment periods for proposed rules are six months long.

While domestic FAA-certificated repair stations on commercial airport property are subject to security requirements, Foreign FAA-certificated repair stations are not subject to U.S. security requirements.

"I respect that you've got to figure out what the priorities are in terms of our nation's security, I just think this is such a gaping hole," McCaskill said.

Hawley also announced TSA has begun audits of foreign repair stations, completing 14 audits so far. McCaskill pointed out that TSA must be invited to a foreign repair station to do an audit until the security rules are finalized.

McCaskill, a former auditor, pointed out that in her experience people who want to be audited are not those who need to be audited.

Source