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 Ad-
ministration) 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 author-
ity of the Assistant Secretary of Homeland Security 
(Transportation Security Administration) to issue regula-
tions and security directives using emergency procedures. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ISSUANCE OF REGULATIONS AND SECURITY DI-
RECTIVES USING EMERGENCY PROCEDURES. 
(a) IN GENERAL.—Section 114(l) of title 49, United 
States Code, is amended— 
(1) in paragraph (2)— 
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(A) in subparagraph (A) by striking ‘‘im-
mediately in order to protect transportation se-
curity’’ 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 wheth-
er to issue, rescind, or revise a regulation or se-
curity directive under this subsection, the 
Under Secretary shall consider, as factors in 
the final determination— 
‘‘(i) whether the costs of the regula-
tion or security directive are excessive in 
relation to the enhancement of security the 
regulation or security directive will provide; 
‘‘(ii) whether the regulation or secu-
rity directive will remain effective for more 
than a 90-day period; and 
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‘‘(iii) whether the regulation or secu-
rity directive will require revision in the 
subsequent 90-day period. 
‘‘(B) AUTHORITY TO WAIVE CERTAIN RE-
QUIREMENTS.—For purposes of subparagraph 
(A)(i), the Under Secretary may waive require-
ments for an analysis that estimates the num-
ber 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 esti-
mate.’’; 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 pe-
riod 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 sub-
section (a)(3) shall apply to a regulation issued under sec-
tion 114(l)(2) of title 49, United States Code, before, on, 
or after the date of enactment of this Act. 
Æ 
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