911 Commission Act of 2007

PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 477

granting access to pipeline operators for pipeline infrastructure
repair, replacement, or bypass following an incident.
(b) EXISTING PRIVATE AND PUBLIC SECTOR EFFORTS.—The plan
shall take into account actions taken or planned by both private
and public entities to address identified pipeline security issues
and assess the effective integration of such actions.
(c) CONSULTATION.—In developing the plan under subsection
(a), the Secretary shall consult with the Secretary of Transportation,
interstate and intrastate transmission and distribution pipeline
operators, nonprofit employee organizations representing pipeline
employees, emergency responders, offerors, State pipeline safety
agencies, public safety officials, and other relevant parties.
(d) REPORT.—
(1) CONTENTS.—Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to the
appropriate congressional committees a report containing the
plan required by subsection (a), including an estimate of the
private and public sector costs to implement any recommendations.
(2) FORMAT.—The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.

TITLE XVI—AVIATION
SEC. 1601. AIRPORT CHECKPOINT SCREENING FUND.

Section 44940 of title 49, United States Code, is amended—
(1) in subsection (d)(4) by inserting ‘‘, other than subsection
(i),’’ before ‘‘except to’’; and
(2) by adding at the end the following:
‘‘(i) CHECKPOINT SCREENING SECURITY FUND.—
‘‘(1) ESTABLISHMENT.—There is established in the Department of Homeland Security a fund to be known as the ‘Checkpoint Screening Security Fund’.
‘‘(2) DEPOSITS.—In fiscal year 2008, after amounts are made
available under section 44923(h), the next $250,000,000 derived
from fees received under subsection (a)(1) shall be available
to be deposited in the Fund.
‘‘(3) FEES.—The Secretary of Homeland Security shall
impose the fee authorized by subsection (a)(1) so as to collect
at least $250,000,000 in fiscal year 2008 for deposit into the
Fund.
‘‘(4) AVAILABILITY OF AMOUNTS.—Amounts in the Fund shall
be available until expended by the Administrator of the
Transportation Security Administration for the purchase,
deployment, installation, research, and development of equipment to improve the ability of security screening personnel
at screening checkpoints to detect explosives.’’.
SEC. 1602. SCREENING OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

(a) IN GENERAL.—Section 44901 of title 49, United States Code,
is amended—
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following:

VerDate 14-DEC-2004

21:15 Aug 15, 2007

Jkt 059139

PO 00053

Frm 00213

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL053.110

APPS24

PsN: PUBL053

121 STAT. 478

‘‘(g) AIR CARGO ON PASSENGER AIRCRAFT.—
‘‘(1) IN GENERAL.—Not later than 3 years after the date
of enactment of the Implementing Recommendations of the
9/11 Commission Act of 2007, the Secretary of Homeland Security shall establish a system to screen 100 percent of cargo
transported on passenger aircraft operated by an air carrier
or foreign air carrier in air transportation or intrastate air
transportation to ensure the security of all such passenger
aircraft carrying cargo.
‘‘(2) MINIMUM STANDARDS.—The system referred to in paragraph (1) shall require, at a minimum, that equipment, technology, procedures, personnel, or other methods approved by
the Administrator of the Transportation Security Administration, are used to screen cargo carried on passenger aircraft
described in paragraph (1) to provide a level of security
commensurate with the level of security for the screening of
passenger checked baggage as follows:
‘‘(A) 50 percent of such cargo is so screened not later
than 18 months after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of
2007.
‘‘(B) 100 percent of such cargo is so screened not later
than 3 years after such date of enactment.
‘‘(3) REGULATIONS.—
‘‘(A) INTERIM FINAL RULE.—The Secretary of Homeland
Security may issue an interim final rule as a temporary
regulation to implement this subsection without regard
to the provisions of chapter 5 of title 5.
‘‘(B) FINAL RULE.—
‘‘(i) IN GENERAL.—If the Secretary issues an
interim final rule under subparagraph (A), the Secretary shall issue, not later than one year after the
effective date of the interim final rule, a final rule
as a permanent regulation to implement this subsection in accordance with the provisions of chapter
5 of title 5.
‘‘(ii) FAILURE TO ACT.—If the Secretary does not
issue a final rule in accordance with clause (i) on
or before the last day of the one-year period referred
to in clause (i), the Secretary shall submit to the Committee on Homeland Security of the House of Representatives, Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on
Homeland Security and Governmental Affairs of the
Senate a report explaining why the final rule was
not timely issued and providing an estimate of the
earliest date on which the final rule will be issued.
The Secretary shall submit the first such report within
10 days after such last day and submit a report to
the Committees containing updated information every
30 days thereafter until the final rule is issued.
‘‘(iii) SUPERCEDING OF INTERIM FINAL RULE.—The
final rule issued in accordance with this subparagraph
shall supersede the interim final rule issued under
subparagraph (A).
‘‘(4) REPORT.—Not later than 1 year after the date of
establishment of the system under paragraph (1), the Secretary

Deadline.

Reports.

Deadline.

VerDate 14-DEC-2004

21:28 Aug 15, 2007

PUBLIC LAW 110–53—AUG. 3, 2007

Jkt 059139

PO 00053

Frm 00214

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL053.110

APPS24

PsN: PUBL053

PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 479

shall submit to the Committees referred to in paragraph
(3)(B)(ii) a report that describes the system.
‘‘(5) SCREENING DEFINED.—In this subsection the term
‘screening’ means a physical examination or non-intrusive
methods of assessing whether cargo poses a threat to transportation security. Methods of screening include x-ray systems,
explosives detection systems, explosives trace detection, explosives detection canine teams certified by the Transportation
Security Administration, or a physical search together with
manifest verification. The Administrator may approve additional methods to ensure that the cargo does not pose a threat
to transportation security and to assist in meeting the requirements of this subsection. Such additional cargo screening
methods shall not include solely performing a review of information about the contents of cargo or verifying the identity of
a shipper of the cargo that is not performed in conjunction
with other security methods authorized under this subsection,
including whether a known shipper is registered in the known
shipper database. Such additional cargo screening methods may
include a program to certify the security methods used by
shippers pursuant to paragraphs (1) and (2) and alternative
screening methods pursuant to exemptions referred to in subsection (b) of section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007.’’.
(b) ASSESSMENT OF EXEMPTIONS.—
(1) TSA ASSESSMENT.—
(A) IN GENERAL.—Not later than 120 days after the
date of enactment of this Act, the Secretary of Homeland
Security shall submit to the appropriate committees of
Congress and to the Comptroller General a report containing an assessment of each exemption granted under
section 44901(i)(1) of title 49, United States Code, for the
screening required by such section for cargo transported
on passenger aircraft and an analysis to assess the risk
of maintaining such exemption.
(B) CONTENTS.—The report under subparagraph (A)
shall include—
(i) the rationale for each exemption;
(ii) what percentage of cargo is not screened in
accordance with section 44901(g) of title 49, United
States Code;
(iii) the impact of each exemption on aviation security;
(iv) the projected impact on the flow of commerce
of eliminating each exemption, respectively, should the
Secretary choose to take such action; and
(v) plans and rationale for maintaining, changing,
or eliminating each exemption.
(C) FORMAT.—The Secretary may submit the report
under subparagraph (A) in both classified and redacted
formats if the Secretary determines that such action is
appropriate or necessary.
(2) GAO ASSESSMENT.—Not later than 120 days after the
date on which the report under paragraph (1) is submitted,
the Comptroller General shall review the report and submit
to the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and

VerDate 14-DEC-2004

19:13 Aug 28, 2007

Jkt 059139

PO 00053

Frm 00215

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL053.110

Deadline.
Reports.

Deadline.

APPS24

PsN: PUBL053

121 STAT. 480

PUBLIC LAW 110–53—AUG. 3, 2007
Transportation of the Senate, and the Committee on Homeland
Security and Governmental Affairs of the Senate an assessment
of the methodology of determinations made by the Secretary
for maintaining, changing, or eliminating an exemption under
section 44901(i)(1) of title 49, United States Code.

SEC. 1603. IN-LINE BAGGAGE SCREENING.

(a) EXTENSION OF AUTHORIZATION.—Section 44923(i)(1) of title
49, United States Code, is amended by striking ‘‘2007.’’ and
inserting ‘‘2007, and $450,000,000 for each of fiscal years 2008
through 2011’’.
(b) SUBMISSION OF COST-SHARING STUDY AND PLAN.—Not later
than 60 days after the date of enactment of this Act, the Secretary
for Homeland Security shall submit to the appropriate congressional
committees the cost sharing study described in section 4019(d)
of the Intelligence Reform and Terrorism Prevention Act of 2004
(118 Stat. 3722), together with the Secretary’s analysis of the study,
a list of provisions of the study the Secretary intends to implement,
and a plan and schedule for implementation of such listed provisions.

Deadline.

SEC. 1604. IN-LINE BAGGAGE SYSTEM DEPLOYMENT.

49 USC 44923.
Airport security.

VerDate 14-DEC-2004

21:15 Aug 15, 2007

(a) IN GENERAL.—Section 44923 of title 49, United States Code,
is amended—
(1) in subsection (a) by striking ‘‘may make’’ and inserting
‘‘shall make’’;
(2) in subsection (d)(1) by striking ‘‘may’’ and inserting
‘‘shall’’;
(3) in subsection (h)(1) by striking ‘‘2007’’ and inserting
‘‘2028’’;
(4) in subsection (h) by striking paragraphs (2) and (3)
and inserting the following:
‘‘(2) ALLOCATION.—Of the amount made available under
paragraph (1) for a fiscal year, not less than $200,000,000
shall be allocated to fulfill letters of intent issued under subsection (d).
‘‘(3) DISCRETIONARY GRANTS.—Of the amount made available under paragraph (1) for a fiscal year, up to $50,000,000
shall be used to make discretionary grants, including other
transaction agreements for airport security improvement
projects, with priority given to small hub airports and nonhub
airports.’’;
(5) by redesignating subsection (i) as subsection (j); and
(6) by inserting after subsection (h) the following:
‘‘(i) LEVERAGED FUNDING.—For purposes of this section, a grant
under subsection (a) to an airport sponsor to service an obligation
issued by or on behalf of that sponsor to fund a project described
in subsection (a) shall be considered to be a grant for that project.’’.
(b) PRIORITIZATION OF PROJECTS.—
(1) IN GENERAL.—The Administrator of the Transportation
Security Administration shall establish a prioritization schedule
for airport security improvement projects described in section
44923 of title 49, United States Code, based on risk and other
relevant factors, to be funded under that section. The schedule
shall include both hub airports referred to in paragraphs (29),
(31), and (42) of section 40102 of such title and nonhub airports
(as defined in section 47102(13) of such title).

Jkt 059139

PO 00053

Frm 00216

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL053.110

APPS24

PsN: PUBL053