[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3093 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3093

 To require the Transportation Security Administration to engage in a 
 negotiated rulemaking process for the purposes of creating a security 
                regiment for general aviation aircraft.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2009

Mr. Dent (for himself, Mr. Olson, Mr. Ehlers, Mr. Moore of Kansas, Mr. 
   Perlmutter, Mrs. Miller of Michigan, Mr. Petri, Mr. Mica, and Mr. 
  Campbell) introduced the following bill; which was referred to the 
                     Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
 To require the Transportation Security Administration to engage in a 
 negotiated rulemaking process for the purposes of creating a security 
                regiment for general aviation aircraft.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``General Aviation Security 
Enhancement Act of 2009''.

SEC. 2. DEFINITION.

    In this Act, the term ``Secretary'' means the Secretary of Homeland 
Security.

SEC. 3. GENERAL AVIATION NEGOTIATED RULEMAKING.

    (a) Negotiated Rulemaking Committee.--Subject to subsection (b), 
the Secretary may not issue a rule, interim final rule, or a new 
rulemaking intended to address, in whole or in part, the proposed 
rulemaking entitled ``Large Aircraft Security Program, Other Aircraft 
Operator Security Program, and Airport Operator Security Program (TSA-
2008-0021)'' unless the Secretary--
            (1) establishes a negotiated rulemaking committee in 
        accordance with the requirements for establishing an advisory 
        committee under section 871 of the Homeland Security Act of 
        2002 (6 U.S.C. 451); and
            (2) receives a written report from the advisory committee 
        chosen pursuant to paragraph (1) describing in detail its 
        findings and recommendations.
    (b) Rule Exception.--
            (1) Urgent threat.--The Secretary may issue a rule 
        prohibited by subsection (a) if the Secretary determines, based 
        on a credible and urgent threat, that an emergency exists that 
        necessitates the immediate issuance of such a rule to save 
        lives or protect property.
            (2) Review of emergency determination.--Not later than 30 
        days after such a rule is issued under this subsection, the 
        Inspector General of the Department of Homeland Security shall 
        determine if a credible and urgent threat existed that 
        necessitated issuing an immediate rule and report its findings 
        to the Committees on Homeland Security and Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate.
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