HOUSE INTRODUCES LEGISLATION TO MODIFY USE OF SECURITY DIRECTIVES
October 5, 2009
What’s at Issue
On September 30, 2009, Representatives John Mica (R-FL), Thomas Petri (R-WI), Vernon Ehlers (R-MI), Sam Graves (R-MO) and Allen Boyd (D-FL) introduced legislation in the U.S. House of Representatives that seeks to modify the authority of the assistant secretary of homeland security within the Transportation Security Administration (TSA) to issue regulations and security directives using emergency procedures.
Why It’s Important
H.R. 3678 was introduced in response to Security Directive (SD) 1542-04-08G (SD-8G) issued last year that required pilots based at airports serving commercial air carriers to get a badge in order to have unescorted access to the airport. While SD-8G has been troublesome for many airports throughout the country, one of the major concerns was the use of an SD to promulgate regulations where no imminent threat existed.
Major Provisions
H.R. 3678 amends title 49, United States Code, to modify the authority of the TSA’s assistant secretary of homeland security to issue regulations and security directives by requiring that the issuance has to be in response to an imminent threat of finite duration.
- To determine if a threat is of finite duration, the following factors have to be addressed:
- Whether the cost of the regulation or security directive is excessive in relation to the enhancement of security the regulation or security directive will provide.
- Whether the regulation or security directive will remain effective for more than a 90-day period.
- Whether the regulation or security directive will require revision in the subsequent 90-day period.
- Authority to waive certain requirements.
- 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.
- Rulemaking requirement.
- Any regulation or security directive that remains effective, with or without revision, for a period of 180 days shall be subject to a rulemaking.
NATA Position
NATA commends Reps Mica, Petri, Ehlers, Graves and Boyd for introducing this legislation to ensure that SDs are used for the purposes for which they were originally intended, to address critical imminent threats to security. The federal rulemaking process was developed and has been improved over the years to ensure that regulatory agencies remain responsive to, and receive the benefits of, the tremendous knowledge and expertise of industry and the general public. H.R. 3678 ensures that the SD process is reserved only for situations when the time-tested federal rulemaking process is inadequate to address quickly evolving or imminent threats to security.
Status
It remains uncertain at this time whether the U.S. House of Representatives or the U.S. Senate will pass H.R. 3678 this year, but NATA remains hopeful that it may be completed next year. If the bill becomes law, SD-8G would have to go through the federal rulemaking process giving pilots the opportunity to comment and help change the outcome of the SD.
Staff Contact: Kristen Moore
Director, Legislative Affairs
kmoore@nata.aero