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
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.
This Act may be cited as the
General Aviation Security Enhancement
Act of 2009.
In this Act, the term Secretary means the Secretary of Homeland Security.
General aviation negotiated rulemaking
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
Security Program, Other Aircraft Operator Security Program, and Airport
Operator Security Program (TSA–2008–0021) unless the Secretary—
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
receives a written report from the advisory committee chosen pursuant to paragraph (1) describing in detail its findings and recommendations.
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.
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.