[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3678 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3678

 To amend title 49, United States Code, to modify the authority of the 
   Assistant Secretary of Homeland Security (Transportation Security 
  Administration) to issue regulations and security directives using 
                         emergency procedures.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 30, 2009

Mr. Mica (for himself, Mr. Petri, Mr. Boyd, Mr. Ehlers, and Mr. Graves) 
 introduced the following bill; which was referred to the Committee on 
                           Homeland Security

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, to modify the authority of the 
   Assistant Secretary of Homeland Security (Transportation Security 
  Administration) to issue regulations and security directives using 
                         emergency procedures.

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

SECTION 1. ISSUANCE OF REGULATIONS AND SECURITY DIRECTIVES USING 
              EMERGENCY PROCEDURES.

    (a) In General.--Section 114(l) of title 49, United States Code, is 
amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A) by striking ``immediately 
                in order to protect transportation security'' and 
                inserting ``in order to respond to an imminent threat 
                of finite duration''; and
                    (B) in subparagraph (B) by inserting ``to determine 
                if the regulation or security directive is needed to 
                respond to an imminent threat of finite duration'' 
                before the period at the end of the first sentence;
            (2) by striking paragraph (3) and inserting the following:
            ``(3) Factors to consider.--
                    ``(A) In general.--In determining whether to issue, 
                rescind, or revise a regulation or security directive 
                under this subsection, the Under Secretary shall 
                consider, as factors in the final determination--
                            ``(i) whether the costs of the regulation 
                        or security directive are excessive in relation 
                        to the enhancement of security the regulation 
                        or security directive will provide;
                            ``(ii) whether the regulation or security 
                        directive will remain effective for more than a 
                        90-day period; and
                            ``(iii) whether the regulation or security 
                        directive will require revision in the 
                        subsequent 90-day period.
                    ``(B) Authority to waive certain requirements.--For 
                purposes of subparagraph (A)(i), the Under Secretary 
                may waive requirements for an analysis that estimates 
                the number of lives that will be saved by the 
                regulation or security directive and the monetary value 
                of such lives if the Under Secretary determines that it 
                is not feasible to make such an estimate.''; and
            (3) by adding at the end the following:
            ``(5) Rulemaking required.--Any regulation or security 
        directive issued under paragraph (2) that remains effective, 
        with or without revision, for a period of more than 180 days 
        shall be subject to a rulemaking pursuant to subchapter II of 
        chapter 5 of title 5.''.
    (b) Applicability.--The amendment made by subsection (a)(3) shall 
apply to a regulation issued under section 114(l)(2) of title 49, 
United States Code, before, on, or after the date of enactment of this 
Act.
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