I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ISSUANCE OF REGULATIONS AND SECURITY DI4 RECTIVES USING EMERGENCY PROCEDURES. 

5 (a) IN GENERAL.—Section 114(l) of title 49, United 

6 States Code, is amended— 

7 (1) in paragraph (2)— 


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1 (A) in subparagraph (A) by striking ‘‘im2 mediately in order to protect transportation se3 curity’’ and inserting ‘‘in order to respond to an 

4 imminent threat of finite duration’’; and 

5 (B) in subparagraph (B) by inserting ‘‘to 

6 determine if the regulation or security directive 

7 is needed to respond to an imminent threat of 

8 finite duration’’ before the period at the end of 

9 the first sentence; 

10 (2) by striking paragraph (3) and inserting the 

11 following: 

12 ‘‘(3) FACTORS TO CONSIDER.— 

13 ‘‘(A) IN GENERAL.—In determining wheth14 er to issue, rescind, or revise a regulation or se15 curity directive under this subsection, the 

16 Under Secretary shall consider, as factors in 

17 the final determination— 

18 ‘‘(i) whether the costs of the regula19 tion or security directive are excessive in 

20 relation to the enhancement of security the 

21 regulation or security directive will provide; 

22 ‘‘(ii) whether the regulation or secu23 rity directive will remain effective for more 

24 than a 90-day period; and 


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1 ‘‘(iii) whether the regulation or secu2 rity directive will require revision in the 

3 subsequent 90-day period. 

4 ‘‘(B) AUTHORITY TO WAIVE CERTAIN RE5 QUIREMENTS.—For purposes of subparagraph 

6 (A)(i), the Under Secretary may waive require7 ments for an analysis that estimates the num8 ber of lives that will be saved by the regulation 

9 or security directive and the monetary value of 

10 such lives if the Under Secretary determines 

11 that it is not feasible to make such an esti12 mate.’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(5) RULEMAKING REQUIRED.—Any regulation 

15 or security directive issued under paragraph (2) that 

16 remains effective, with or without revision, for a pe17 riod of more than 180 days shall be subject to a 

18 rulemaking pursuant to subchapter II of chapter 5 

19 of title 5.’’. 

20 (b) APPLICABILITY.—The amendment made by sub21 section (a)(3) shall apply to a regulation issued under sec22 tion 114(l)(2) of title 49, United States Code, before, on, 

23 or after the date of enactment of this Act. 

Æ 


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