Implementing Recommendations of the 9/11 Commission Act of 2007
Public Law 110–53, as amended
Implementing Recommendations of the 9/11 Commission Act of 2007
53
117–81
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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9/11 Commission International Implementation Act of 2007
implementing recommendations of the 9/11 commission act of 2007
TSA Modernization Act
11983
110
2007-08-03
Implementing Recommendations of the 9/11 Commission Act of 2007
[Public Law 110–53; Approved August 3, 2007]
[As Amended Through P.L. 117–81, Enacted December 27, 2021]
[Currency: This publication is a compilation of the text of Public Law 110-53. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

AN ACT
To provide for the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
* * * * * * *
TITLE XIII—

TRANSPORTATION SECURITY ENHANCEMENTS
* * * * * * *
SEC. 1303.
[6 U.S.C. 1112]

AUTHORIZATION OF VISIBLE INTERMODAL PREVENTION AND RESPONSE TEAMS.
(a)

In General.—
The Secretary, acting through the Administrator of the Transportation Security Administration, may develop Visible Intermodal Prevention and Response (referred to in this section as “VIPR”) teams to augment the security of any mode of transportation at any location within the United States. In forming a VIPR team, the Secretary—
(1)
may use any asset of the Department, including Federal air marshals, surface transportation security inspectors, canine detection teams, and advanced screening technology;
(2)
may determine when a VIPR team shall be deployed, as well as the duration of the deployment;
(3)
shall, prior to and during the deployment, consult with local security and law enforcement officials in the jurisdiction where the VIPR team is or will be deployed, to develop and agree upon the appropriate operational protocols and provide relevant information about the mission of the VIPR team, as appropriate;
(4)
shall, prior to and during the deployment, consult with all transportation entities directly affected by the deployment of a VIPR team as to specific locations and times within the facilities of such entities at which VIPR teams are to be deployed to maximize the effectiveness of such deployment, as appropriate, including railroad carriers, air carriers, airport owners, over-the-road bus operators and terminal owners and operators, motor carriers, public transportation agencies, owners or operators of highways, port operators and facility owners, vessel owners and operators and pipeline operators; and
(5)
shall require, as appropriate based on risk, in the case of a VIPR team deployed to an airport, that the VIPR team conduct operations—
(A)
in the sterile area and any other areas to which only individuals issued security credentials have unescorted access; and
(B)
in nonsterile areas.
(b)1

Performance Measures.—
Not later than 1 year after the date of enactment of the TSA Modernization Act, the Administrator shall develop and implement a system of qualitative performance measures and objectives by which to assess the roles, activities, and effectiveness of VIPR team operations on an ongoing basis, including a mechanism through which the transportation entities referred to in subsection (a)(4) may submit feedback on VIPR team operations involving their systems or facilities.
^1
Sections 1930(b) and 1968(b)(2) of division K of Public Law 115–254 both provide for amendments to subsection (b); however, the amendment made by section 1930(b) of such Public Law to strike “to the extent appropriated, including funds to develop not more than 60 VIPR teams, for fiscal years 2016 through 2018” and insert “such sums as necessary, including funds to develop at least 30, but not more than 60, VIPR teams, for fiscal years 2019 through 2021” could not be carried out because the Act referenced was incorrectly cited as the National Transit Systems Security Act of 2007, which is the short title for title XIV. Also, subsection (b) was amended to read as follows by section 1968(b)(2) of such Public Law. The version of subsection (b) shown above reflects the amendment made by such section 1968(b)(2).
(c)

Plan.—
Not later than 1 year after the date of the enactment of the TSA Modernization Act, the Administrator shall develop and implement a plan for ensuring the interoperability of communications among VIPR team participants and between VIPR teams and any transportation entities with systems or facilities that are involved in VIPR team operations. Such plan shall include an analysis of the costs and resources required to carry out such plan.
SEC. 1304.
[6 U.S.C. 1113]

SURFACE TRANSPORTATION SECURITY INSPECTORS
(a)

In general.—
The Secretary, acting through the Administrator of the Transportation Security Administration, is authorized to train, employ, and utilize surface transportation security inspectors.
(b)

Mission.—
The Secretary shall use surface transportation security inspectors to assist surface transportation carriers, operators, owners, entities, and facilities to enhance their security against terrorist attack and other security threats and to assist the Secretary in enforcing applicable surface transportation security regulations and directives.
(c)

Authorities.—
Surface transportation security inspectors employed pursuant to this section shall be authorized such powers and delegated such responsibilities as the Secretary determines appropriate, subject to subsection (e).
(d)

Requirements.—
The Secretary shall require that surface transportation security inspectors have relevant transportation experience and other security and inspection qualifications, as determined appropriate.
(e)

Limitations.—
(1)

Inspectors.—
Surface transportation inspectors shall be prohibited from issuing fines to public transportation agencies, as defined in title XIV, for violations of the Department’s regulations or orders except through the process described in paragraph (2).
(2)

Civil penalties.—
The Secretary shall be prohibited from assessing civil penalties against public transportation agencies, as defined in title XIV, for violations of the Department’s regulations or orders, except in accordance with the following:
(A)
In the case of a public transportation agency that is found to be in violation of a regulation or order issued by the Secretary, the Secretary shall seek correction of the violation through a written notice to the public transportation agency and shall give the public transportation agency reasonable opportunity to correct the violation or propose an alternative means of compliance acceptable to the Secretary.
(B)
If the public transportation agency does not correct the violation or propose an alternative means of compliance acceptable to the Secretary within a reasonable time period that is specified in the written notice, the Secretary may take any action authorized in section 114 of title 49, United States Code, as amended by this Act.
(3)

Limitation on secretary.—
The Secretary shall not initiate civil enforcement actions for violations of administrative and procedural requirements pertaining to the application for, and expenditure of, funds awarded under transportation security grant programs under this Act.
(f)

Number of inspectors.—
The Secretary shall employ up to a total of—
(1)
100 surface transportation security inspectors in fiscal year 2007;
(2)
150 surface transportation security inspectors in fiscal year 2008;
(3)
175 surface transportation security inspectors in fiscal year 2009; and
(4)
200 surface transportation security inspectors in fiscal years 2010 and 2011.
(g)

Coordination.—
The Secretary shall ensure that the mission of the surface transportation security inspectors is consistent with any relevant risk assessments required by this Act or completed by the Department, the modal plans required under section 114(t) of title 49, United States Code, the Memorandum of Understanding between the Department and the Department of Transportation on Roles and Responsibilities, dated September 28, 2004, and any and all subsequent annexes to this Memorandum of Understanding, and other relevant documents setting forth the Department’s transportation security strategy, as appropriate.
(h)

Consultation.—
The Secretary shall periodically consult with the surface transportation entities which are or may be inspected by the surface transportation security inspectors, including, as appropriate, railroad carriers, over-the-road bus operators and terminal owners and operators, motor carriers, public transportation agencies, owners or operators of highways, and pipeline operators on—
(1)
the inspectors’ duties, responsibilities, authorities, and mission; and
(2)
strategies to improve transportation security and to ensure compliance with transportation security requirements.
(i)

Report.—
Not later than September 30, 2008, the Department of Homeland Security Inspector General shall transmit a report to the appropriate congressional committees on the performance and effectiveness of surface transportation security inspectors, whether there is a need for additional inspectors, and other recommendations.
(j)

Authorization of appropriations.—
There are authorized to be appropriated to the Secretary to carry out this section—
(1)
$11,400,000 for fiscal year 2007;
(2)
$17,100,000 for fiscal year 2008;
(3)
$19,950,000 for fiscal year 2009;
(4)
$22,800,000 for fiscal year 2010; and
(5)
$22,800,000 for fiscal year 2011.
* * * * * * *
SEC. 1307.
[6 U.S.C. 1116]

NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING PROGRAM
(a)

Definitions.—
For purposes of this section, the term “explosives detection canine team” means a canine and a canine handler that are trained to detect explosives, radiological materials, chemical, nuclear or biological weapons, or other threats as defined by the Secretary.
(b)

In General.—
(1)

Increased capacity.—
Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall—
(A)
begin to increase the number of explosives detection canine teams certified by the Transportation Security Administration for the purposes of transportation-related security by up to 200 canine teams annually by the end of 2010; and
(B)
encourage State, local, and tribal governments and private owners of high-risk transportation facilities to strengthen security through the use of highly trained explosives detection canine teams.
(2)

Explosives detection canine teams.—
The Secretary of Homeland Security shall increase the number of explosives detection canine teams by—
(A)
using the Transportation Security Administration’s National Explosives Detection Canine Team Training Center, including expanding and upgrading existing facilities, procuring and breeding additional canines, and increasing staffing and oversight commensurate with the increased training and deployment capabilities;
(B)
partnering with other Federal, State, or local agencies, nonprofit organizations, universities, or the private sector to increase the training capacity for canine detection teams;
(C)
procuring explosives detection canines trained by nonprofit organizations, universities, or the private sector provided they are trained in a manner consistent with the standards and requirements developed pursuant to subsection (c) or other criteria developed by the Secretary; or
(D)
a combination of subparagraphs (A), (B), and (C), as appropriate.
(c)

Standards for Explosives Detection Canine Teams.—
(1)

In general.—
Based on the feasibility in meeting the ongoing demand for quality explosives detection canine teams, the Secretary shall establish criteria, including canine training curricula, performance standards, and other requirements approved by the Transportation Security Administration necessary to ensure that explosives detection canine teams trained by nonprofit organizations, universities, and private sector entities are adequately trained and maintained.
(2)

Expansion.—
In developing and implementing such curriculum, performance standards, and other requirements, the Secretary shall—
(A)
coordinate with key stakeholders, including international, Federal, State, and local officials, and private sector and academic entities to develop best practice guidelines for such a standardized program, as appropriate;
(B)
require that explosives detection canine teams trained by nonprofit organizations, universities, or private sector entities that are used or made available by the Secretary be trained consistent with specific training criteria developed by the Secretary; and
(C)
review the status of the private sector programs on at least an annual basis to ensure compliance with training curricula, performance standards, and other requirements.
(d)

Deployment.—
The Secretary shall—
(1)
use the additional explosives detection canine teams as part of the Department’s efforts to strengthen security across the Nation’s transportation network, and may use the canine teams on a more limited basis to support other homeland security missions, as determined appropriate by the Secretary;
(2)
make available explosives detection canine teams to all modes of transportation, for high-risk areas or to address specific threats, on an as-needed basis and as otherwise determined appropriate by the Secretary;
(3)
encourage, but not require, any transportation facility or system to deploy TSA-certified explosives detection canine teams developed under this section; and
(4)
consider specific needs and training requirements for explosives detection canine teams to be deployed across the Nation’s transportation network, including in venues of multiple modes of transportation, as appropriate.
(e)

Canine Procurement.—
The Secretary, acting through the Administrator of the Transportation Security Administration, shall work to ensure that explosives detection canine teams are procured as efficiently as possible and at the best price, while maintaining the needed level of quality, including, if appropriate, through increased domestic breeding.
(f)

Study.—
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall report to the appropriate congressional committees on the utilization of explosives detection canine teams to strengthen security and the capacity of the national explosive detection canine team program.
(g)

Authorization.—
There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section for fiscal years 2007 through 2011.
(h)

Third Party Canine Teams for Air Cargo Security.—
(1)

In general.—
In order to enhance the screening of air cargo and ensure that third party explosives detection canine assets are leveraged for such purpose, the Administrator shall, not later than 180 days after the date of enactment of the TSA Modernization Act—
(A)
develop and issue standards for the use of such third party explosives detection canine assets for the primary screening of air cargo;
(B)
develop a process to identify qualified non-Federal entities that will certify canine assets that meet the standards established by the Administrator under subparagraph (A);
(C)
ensure that entities qualified to certify canine assets shall be independent from entities that will train and provide canines to end users of such canine assets;
(D)
establish a system of Transportation Security Administration audits of the process developed under subparagraph (B); and
(E)
provide that canines certified for the primary screening of air cargo can be used by air carriers, foreign air carriers, freight forwarders, and shippers.
(2)

Implementation.—
Beginning on the date that the development of the process under paragraph (1)(B) is complete, the Administrator shall—
(A)
facilitate the deployment of such assets that meet the certification standards of the Administration, as determined by the Administrator;
(B)
make such standards available to vendors seeking to train and deploy third party explosives detection canine assets; and
(C)
ensure that all costs for the training and certification of canines, and for the use of supplied canines, are borne by private industry and not the Federal Government.
(3)

Definitions.—
In this subsection:
(A)

Air carrier.—
The term “air carrier” has the meaning given the term in section 40102 of title 49, United States Code.
(B)

Foreign air carrier.—
The term “foreign air carrier” has the meaning given the term in section 40102 of title 49, United States Code.
(C)

Third party explosives detection canine asset.—
The term “third party explosives detection canine asset” means any explosives detection canine or handler not owned or employed, respectively, by the Transportation Security Administration.
* * * * * * *
TITLE XIV—

PUBLIC TRANSPORTATION SECURITY
SEC. 1401.
[6 U.S.C. 1101 note]

SHORT TITLE
This title may be cited as the “National Transit Systems Security Act of 2007”.
* * * * * * *
SEC. 1406.
[6 U.S.C. 1135]

PUBLIC TRANSPORTATION SECURITY ASSISTANCE.
(a)

Security Assistance Program.—
(1)

In general.—
The Secretary shall establish a program for making grants to eligible public transportation agencies for security improvements described in subsection (b).
(2)

Eligibility.—
A public transportation agency is eligible for a grant under this section if the Secretary has performed a security assessment or the agency has developed a security plan under section 1405. Grant funds shall only be awarded for permissible uses under subsection (b) to—
(A)
address items included in a security assessment; or
(B)
further a security plan.
(b)

Uses of Funds.—
A recipient of a grant under subsection (a) shall use the grant funds for one or more of the following:
(1)
Capital uses of funds, including—
(A)
tunnel protection systems;
(B)
perimeter protection systems, including access control, installation of improved lighting, fencing, and barricades;
(C)
redundant critical operations control systems;
(D)
chemical, biological, radiological, or explosive detection systems, including the acquisition of canines used for such detection;
(E)
surveillance equipment;
(F)
communications equipment, including mobile service equipment to provide access to wireless Enhanced 911 (E911) emergency services in an underground fixed guideway system;
(G)
emergency response equipment, including personal protective equipment;
(H)
fire suppression and decontamination equipment;
(I)
global positioning or tracking and recovery equipment, and other automated-vehicle-locator-type system equipment;
(J)
evacuation improvements;
(K)
purchase and placement of bomb-resistant trash cans throughout public transportation facilities, including subway exits, entrances, and tunnels;
(L)
capital costs associated with security awareness, security preparedness, and security response training, including training under section 1408 and exercises under section 1407;
(M)
security improvements for public transportation systems, including extensions thereto, in final design or under construction;
(N)
security improvements for stations and other public transportation infrastructure, including stations and other public transportation infrastructure owned by State or local governments; and
(O)
other capital security improvements determined appropriate by the Secretary.
(2)
Operating uses of funds, including—
(A)
security training and associated backfill, including training under section 1408 and training developed by institutions of higher education and by nonprofit employee labor organizations, for public transportation employees, including frontline employees;
(B)
live or simulated exercises under section 1407;
(C)
public awareness campaigns for enhanced public transportation security;
(D)
canine patrols for chemical, radiological, biological, or explosives detection;
(E)
development of security plans under section 1405;
(F)
overtime reimbursement including reimbursement of State, local, and tribal governments, for costs for enhanced security personnel during significant national and international public events;
(G)
operational costs, including reimbursement of State, local, and tribal governments for costs for personnel assigned to full-time or part-time security or counterterrorism duties related to public transportation, provided that this expense totals no more than 10 percent of the total grant funds received by a public transportation agency in any 1 year; and
(H)
other operational security costs determined appropriate by the Secretary, excluding routine, ongoing personnel costs, other than those set forth in this section.
(c)

Department of Homeland Security Responsibilities.—
In carrying out the responsibilities under subsection (a), the Secretary shall—
(1)
determine the requirements for recipients of grants under this section, including application requirements;
(2)
pursuant to subsection (a)(2), select the recipients of grants based solely on risk; and
(3)
pursuant to subsection (b), establish the priorities for which grant funds may be used under this section.
(d)

Distribution of Grants.—
Not later than 90 days after the date of enactment of this Act, the Secretary and the Secretary of Transportation shall determine the most effective and efficient way to distribute grant funds to the recipients of grants determined by the Secretary under subsection (a). Subject to the determination made by the Secretaries, the Secretary may transfer funds to the Secretary of Transportation for the purposes of disbursing funds to the grant recipient.
(e)

Subject to Certain Terms and Conditions.—
Except as otherwise specifically provided in this section, a grant provided under this section shall be subject to the terms and conditions applicable to a grant made under section 5307 of title 49, United States Code, as in effect on January 1, 2007, and such other terms and conditions as are determined necessary by the Secretary.
(f)

Limitation on Uses of Funds.—
Grants made under this section may not be used to make any State or local government cost-sharing contribution under any other Federal law.
(g)

Annual Reports.—
Each recipient of a grant under this section shall report annually to the Secretary on the use of the grant funds.
(h)

Guidelines.—
Before distribution of funds to recipients of grants, the Secretary shall issue guidelines to ensure that, to the extent that recipients of grants under this section use contractors or subcontractors, such recipients shall use small, minority, women-owned, or disadvantaged business concerns as contractors or subcontractors to the extent practicable.
(i)

Coordination With State Homeland Security Plans.—
In establishing security improvement priorities under section 1405 and in awarding grants for capital security improvements and operational security improvements under subsection (b), the Secretary shall act consistently with relevant State homeland security plans.
(j)

Multistate Transportation Systems.—
In cases in which a public transportation system operates in more than one State, the Secretary shall give appropriate consideration to the risks of the entire system, including those portions of the States into which the system crosses, in establishing security improvement priorities under section 1405 and in awarding grants for capital security improvements and operational security improvements under subsection (b).
(k)

Congressional Notification.—
Not later than 3 days before the award of any grant under this section, the Secretary shall notify simultaneously, the appropriate congressional committees of the intent to award such grant.
(l)

Return of Misspent Grant Funds.—
The Secretary shall establish a process to require the return of any misspent grant funds received under this section determined to have been spent for a purpose other than those specified in the grant award.
(m)

Periods of Performance.—
(1)

In general.—
Except as provided in paragraph (2), funds provided pursuant to a grant awarded under this section for a use specified in subsection (b) shall remain available for use by a grant recipient for a period of not fewer than 36 months.
(2)

Exception.—
Funds provided pursuant to a grant awarded under this section for a use specified in subparagraph (M) or (N) of subsection (b)(1) shall remain available for use by a grant recipient for a period of not fewer than 48 months.
(n)

Authorization of Appropriations.—
(1)
There are authorized to be appropriated to the Secretary to make grants under this section—
(A)
such sums as are necessary for fiscal year 2007;
(B)
$650,000,000 for fiscal year 2008, except that not more than 50 percent of such funds may be used for operational costs under subsection (b)(2);
(C)
$750,000,000 for fiscal year 2009, except that not more than 30 percent of such funds may be used for operational costs under subsection (b)(2);
(D)
$900,000,000 for fiscal year 2010, except that not more than 20 percent of such funds may be used for operational costs under subsection (b)(2); and
(E)
$1,100,000,000 for fiscal year 2011, except that not more than 10 percent of such funds may be used for operational costs under subsection (b)(2).
(2)

Period of availability.—
Sums appropriated to carry out this section shall remain available until expended.
(3)

Waiver.—
The Secretary may waive the limitation on operational costs specified in subparagraphs (B) through (E) of paragraph (1) if the Secretary determines that such a waiver is required in the interest of national security, and if the Secretary provides a written justification to the appropriate congressional committees prior to any such action.
(4)

Effective date.—
Funds provided for fiscal year 2007 transit security grants under Public Law 110-28 shall be allocated based on security assessments that are in existence as of the date of enactment of this Act.
* * * * * * *