GENERAL AVIATION SECURITY ENHANCEMENT ACT
July 13, 2009
What’s at Issue
On June 26, 2009, U.S. Representative Charles Dent (R-PA) introduced H.R. 3093, the General Aviation Security Enhancement Act of 2009. H.R. 3093 would require the Transportation Security Administration (TSA) to engage in a negotiated rulemaking if extensive new security requirements for general aviation are established. A negotiated rulemaking allows representatives of the various affected interest groups to discuss the text of a proposed rule.
Why It’s Important
This legislation would require that, should the agency move forward with a rulemaking addressing general aviation, the TSA use a negotiated rulemaking process for the purposes of creating a security regimen for general aviation aircraft. On October 9, 2008, a Notice of Proposed Rulemaking (NPRM) titled “Large Aircraft Security Program” was published in the Federal Register. In this NPRM, the TSA abandoned its traditional risk-based approach of addressing security concerns and instead attempted to adapt large, commercial aviation standards to small, independently owned and chartered aircraft without the involvement of industry stakeholders.
Major Provisions
The bill sets in place the requirements of a typical negotiated rulemaking by:
- Establishing a Rulemaking Committee of stakeholders (chosen by the Secretary).
- Requiring the advisory committee to issue a written report describing in detail its findings and recommendations.
- Not binding the TSA to accept the Rulemaking Committee’s recommendations; if the TSA abandons reasonable recommendations, the agency would have to provide justification for its decision.
- Stipulating that within 30 days of a rule being issued, the Inspector General of the Department of Homeland Security may determine if a credible and urgent threat existed that necessitated issuing an immediate rule and report its findings.
To view the text of H.R. 3093, please click here.
NATA Position
NATA supports H.R.3093 and commends Representative Charles Dent for introducing this important legislation. The bill has bipartisan support of eight co-sponsors including Reps. John Campbell (R-CA), Vernon Ehlers (R-MI), John Mica (R-FL), Candice Miller (R-MI), Dennis Moore (D-KS), Pete Olson (R-TX), Ed Perlmutter (D-CO), and Thomas Petri (R-WI).
Status
After the bill’s introduction on June 26, the U.S. House of Representatives referred it to the House Committee on Homeland Security for further vetting. NATA will inform members if the committee intends to hold a hearing or vote on the bill.
Staff Contact:
Kristen Moore
Director, Legislative Affairs
kmoore@nata.aero