I 111th CONGRESS 1st Session H. R. 3093 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.

1.

Short title

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

2.

Definition

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

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.