HR 3678 Introduction

Last Wednesday Rep. John Mica (R, FL) introduced legislation to revise 49 USC 114(l) to provide more specific guidance to the DHS Under Secretary for TSA on how and when to issue emergency security regulations. HR 3678 would restrict the issuance of such regulations or security directives to situations where it is necessary “to respond to an imminent threat of finite duration” {§1(a)(1)(A)}. It provides specific guidance that the Under Secretary needs to consider before issuing such regulations or directives. Finally it provides that if the emergency rule remains in effect for more than 180 days, that there must be a rule-making process instituted in accordance with 5 USC 5 subchapter II.