Page:United States Statutes at Large Volume 116 Part 3.djvu/594

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116 STAT. 2186 PUBLIC LAW 107-296—NOV. 25, 2002 and the House of Representatives Committee on Transportation and Infrastructure a detailed plan (which may be submitted in classified form) for the deployment of the number of explosive detection systems at that airport necessary to meet the requirements of paragraph (1) as soon as practicable at that airport but in no event later than December 31, 2003; and "(ii) the Under Secretary shall take all necessary action to ensure that alternative means of screening all checked baggage is implemented until the requirements of paragraph (1) have been met. "(B) CRITERIA FOR DETERMINATION. —In making a determination under subparagraph (A), the Under Secretary shall take into account— "(i) the nature and extent of the required modifications to the airport's terminal buildings, and the technical, engineering, design and construction issues; "(ii) the need to ensure that such installations and modifications are effective; and "(iii) the feasibility and cost-effectiveness of deploying explosive detection systems in the baggage sorting area or other non-public area rather than the lobby of an airport terminal building. "(C) RESPONSE.— The Under Secretary shall respond to the request of an airport under subparagraph (A) within 14 days of receiving the request. A denial of request shall create no right of appeal or judicial review. "(D) AIRPORT EFFORT REQUIRED.— Each airport with respect to which the Under Secretary makes a determination under subparagraph (A) shall— "(i) cooperate fully with the Transportation Security Administration with respect to screening checked baggage and changes to accommodate explosive detection systems; and "(ii) make security projects a priority for the obligation or expenditure of funds made available under chapter 417 or 471 until explosive detection systems required to be deployed under paragraph (1) have been deployed at that airport. "(3) REPORTS. —Until the Transportation Security Administration has met the requirements of paragraph (1), the Under Secretary shall submit a classified report every 30 days after the date of enactment of this Act to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure describing the progress made toward meeting such requirements at each airport.". SEC. 426. TRANSPORTATION SECURITY. (a) TRANSPORTATION SECURITY OVERSIGHT BOARD.— (1) ESTABLISHMENT.— Section 115(a) of title 49, United States Code, is amended by striking "Department of Transportation" and inserting "Department of Homeland Security". (2) MEMBERSHIP. — Section 115(b)(1) of title 49, United States Code, is amended— (A) by striking subparagraph (G);