Security Service Fee

§ 44940

TITLE 49—TRANSPORTATION
EFFECTIVE DATE OF 2003 AMENDMENT

Pub. L. 108–176, title VI, § 612(c), Dec. 12, 2003, 117 Stat.
2574, provided that: ‘‘The amendment made by subsection (a) [amending this section] takes effect on the
effective date of the interim final rule required by subsection (b)(1) [set out below] [rule effective Sept. 20,
2004, see 69 F.R. 56323].’’
EFFECTIVE DATE
Pub. L. 107–71, title I, § 113(d), Nov. 19, 2001, 115 Stat.
622, provided that: ‘‘The amendment made by subsection (a) [enacting this section] applies to applications for training received after the date of enactment
of this Act [Nov. 19, 2001].’’
IMPLEMENTATION
Pub. L. 108–176, title VI, § 612(b), Dec. 12, 2003, 117 Stat.
2574, provided that:
‘‘(1) IN GENERAL.—Not later than 60 days after the
date of enactment of this Act [Dec. 12, 2003], the Secretary of Homeland Security shall promulgate an interim final rule to implement section 44939 of title 49,
United States Code, as amended by subsection (a).
‘‘(2) USE OF OVERSEAS FACILITIES.—In order to implement section 44939 of title 49, United States Code, as
amended by subsection (a), United States Embassies
and Consulates that possess appropriate fingerprint
collection equipment and personnel certified to capture
fingerprints shall provide fingerprint services to aliens
covered by that section if the Secretary requires fingerprints in the administration of that section, and
shall transmit the fingerprints to the Secretary or
other agency designated by the Secretary. The Attorney General and the Secretary of State shall cooperate
with the Secretary of Homeland Security in carrying
out this paragraph.
‘‘(3) USE OF UNITED STATES FACILITIES.—If the Secretary of Homeland Security requires fingerprinting in
the administration of section 44939 of title 49, United
States Code, the Secretary may designate locations
within the United States that will provide fingerprinting services to individuals covered by that section.’’
REPORT
Pub. L. 108–176, title VI, § 612(d), Dec. 12, 2003, 117 Stat.
2574, provided that: ‘‘Not later than 1 year after the
date of enactment of this Act [Dec. 12, 2003], the Secretary of Homeland Security shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on
Transportation and Infrastructure a report on the effectiveness of the activities carried out under section
44939 of title 49, United States Code, in reducing risks
to aviation security and national security.’’
INTERNATIONAL COOPERATION
Pub. L. 107–71, title I, § 113(c), Nov. 19, 2001, 115 Stat.
622, provided that: ‘‘The Secretary of Transportation,
in consultation with the Secretary of State, shall work
with the International Civil Aviation Organization and
the civil aviation authorities of other countries to improve international aviation security through screening programs for flight instruction candidates.’’

§ 44940. Security service fee
(a) GENERAL AUTHORITY.—
(1) PASSENGER FEES.—The Under Secretary
of Transportation for Security shall impose a
uniform fee, on passengers of air carriers and
foreign air carriers in air transportation and
intrastate air transportation originating at
airports in the United States, to pay for the
following costs of providing civil aviation security services:
(A) Salary, benefits, overtime, retirement
and other costs of screening personnel, their

Page 1178

supervisors and managers, and Federal law
enforcement personnel deployed at airport
security screening locations under section
44901.
(B) The costs of training personnel described in subparagraph (A), and the acquisition, operation, and maintenance of equipment used by such personnel.
(C) The costs of performing background investigations of personnel described in subparagraphs (A), (D), (F), and (G).
(D) The costs of the Federal air marshals
program.
(E) The costs of performing civil aviation
security research and development under
this title.
(F) The costs of Federal Security Managers under section 44903.
(G) The costs of deploying Federal law enforcement personnel pursuant to section
44903(h).
(H) The costs of security-related capital
improvements at airports.
(I) The costs of training pilots and flight
attendants under sections 44918 and 44921.
The amount of such costs shall be determined
by the Under Secretary and shall not be subject to judicial review. For purposes of subparagraph (A), the term ‘‘Federal law enforcement personnel’’ includes State and local law
enforcement officers who are deputized under
section 44922.
[(2) Repealed. Pub. L. 113–67, div. A, title VI,
§ 601(a)(1), Dec. 26, 2013, 127 Stat. 1187.]
(b) SCHEDULE OF FEES.—In imposing fees under
subsection (a), the Under Secretary shall ensure
that the fees are reasonably related to the
Transportation Security Administration’s costs
of providing services rendered.
(c) LIMITATION ON FEE.—
(1) AMOUNT.—Fees imposed under subsection
(a)(1) shall be $5.60 per one-way trip in air
transportation or intrastate air transportation that originates at an airport in the
United States, except that the fee imposed per
round trip shall not exceed $11.20.
(2) DEFINITION OF ROUND TRIP.—In this subsection, the term ‘‘round trip’’ means a trip on
an air travel itinerary that terminates or has
a stopover at the origin point (or co-terminal).
(d) IMPOSITION OF FEE.—
(1) IN GENERAL.—Notwithstanding section
9701 of title 31 and the procedural requirements of section 553 of title 5, the Under Secretary shall impose the fee under subsection
(a)(1) through the publication of notice of such
fee in the Federal Register and begin collection of the fee within 60 days of the date of enactment of this Act, or as soon as possible
thereafter.
(2) SPECIAL RULES PASSENGER FEES.—A fee
imposed under subsection (a)(1) through the
procedures under subsection (d) 1 shall apply
only to tickets sold after the date on which
such fee is imposed. If a fee imposed under
subsection (a)(1) through the procedures under
subsection (d) on transportation of a passenger
of a carrier described in subsection (a)(1) is not
1 So

in original. Probably should be ‘‘paragraph (1)’’.

Page 1179

§ 44940

TITLE 49—TRANSPORTATION

collected from the passenger, the amount of
the fee shall be paid by the carrier.
(3) SUBSEQUENT MODIFICATION OF FEE.—After
imposing a fee in accordance with paragraph
(1), the Under Secretary may modify, from
time to time through publication of notice in
the Federal Register, the imposition or collection of such fee, or both.
(4) LIMITATION ON COLLECTION.—No fee may
be collected under this section, other than
subsection (i), except to the extent that the
expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act or in section 44923.
(e) ADMINISTRATION OF FEES.—
(1) FEES PAYABLE TO UNDER SECRETARY.—All
fees imposed and amounts collected under this
section are payable to the Under Secretary.
(2) FEES COLLECTED BY AIR CARRIER.—A fee
imposed under subsection (a)(1) shall be collected by the air carrier or foreign air carrier
that sells a ticket for transportation described
in subsection (a)(1).
(3) DUE DATE FOR REMITTANCE.—A fee collected under this section shall be remitted on
the last day of each calendar month by the
carrier collecting the fee. The amount to be
remitted shall be for the calendar month preceding the calendar month in which the remittance is made.
(4) INFORMATION.—The Under Secretary may
require the provision of such information as
the Under Secretary decides is necessary to
verify that fees have been collected and remitted at the proper times and in the proper
amounts.
(5) FEE NOT SUBJECT TO TAX.—For purposes of
section 4261 of the Internal Revenue Code of
1986 (26 U.S.C. 4261), a fee imposed under this
section shall not be considered to be part of
the amount paid for taxable transportation.
(6) COST OF COLLECTING FEE.—No portion of
the fee collected under this section may be retained by the air carrier or foreign air carrier
for the costs of collecting, handling, or remitting the fee except for interest accruing to the
carrier after collection and before remittance.
(f) RECEIPTS CREDITED AS OFFSETTING
TIONS.—Notwithstanding section 3302 of

COLLECtitle 31,

subsection (a)(1), after amounts are made
available in the fiscal year under section
44923(h), the next funds derived from such fees
in the fiscal year, in the amount specified for
the fiscal year in paragraph (4), shall be credited as offsetting receipts and deposited in the
general fund of the Treasury.
(2) FEE LEVELS.—The Secretary of Homeland
Security shall impose the fee authorized by
subsection (a)(1) so as to collect in a fiscal
year at least the amount specified in paragraph (4) for the fiscal year for making deposits under paragraph (1).
(3) RELATIONSHIP TO OTHER PROVISIONS.—Subsections (b) and (f) shall not apply to amounts
to be used for making deposits under this subsection.
(4) FISCAL YEAR AMOUNTS.—For purposes of
paragraphs (1) and (2), the fiscal year amounts
are as follows:
(A) $390,000,000 for fiscal year 2014.
(B) $1,190,000,000 for fiscal year 2015.
(C) $1,250,000,000 for fiscal year 2016.
(D) $1,280,000,000 for fiscal year 2017.
(E) $1,320,000,000 for fiscal year 2018.
(F) $1,360,000,000 for fiscal year 2019.
(G) $1,400,000,000 for fiscal year 2020.
(H) $1,440,000,000 for fiscal year 2021.
(I) $1,480,000,000 for fiscal year 2022.
(J) $1,520,000,000 for fiscal year 2023.
(K) $1,560,000,000 for fiscal year 2024.
(L) $1,600,000,000 for fiscal year 2025.
(Added Pub. L. 107–71, title I, § 118(a), Nov. 19,
2001, 115 Stat. 625; amended Pub. L. 108–7, div. I,
title III, § 351(b), Feb. 20, 2003, 117 Stat. 420; Pub.
L. 108–176, title VI, § 605(b)(1), (2), Dec. 12, 2003,
117 Stat. 2568; Pub. L. 110–53, title XVI, § 1601,
Aug. 3, 2007, 121 Stat. 477; Pub. L. 110–161, div. E,
title V, § 540, Dec. 26, 2007, 121 Stat. 2079; Pub. L.
113–67, div. A, title VI, § 601(a)(1), (2), (b), (c),
Dec. 26, 2013, 127 Stat. 1187; Pub. L. 113–294, § 1(a),
Dec. 19, 2014, 128 Stat. 4009; Pub. L. 114–41, title
III, § 3001, July 31, 2015, 129 Stat. 460.)
REFERENCES IN TEXT
The date of enactment of this Act, referred to in subsec. (d)(1), probably means the date of enactment of
Pub. L. 107–71, which enacted this section and which
was approved Nov. 19, 2001.
CODIFICATION

any fee collected under this section—
(1) shall be credited as offsetting collections
to the account that finances the activities and
services for which the fee is imposed;
(2) shall be available for expenditure only to
pay the costs of activities and services for
which the fee is imposed; and
(3) shall remain available until expended.

Pub. L. 107–71, title I, § 118(a), Nov. 19, 2001, 115 Stat.
625, which directed the addition of section 44940 at end
of subchapter II of chapter 449 without specifying the
Code title to be amended, was executed by adding this
section at the end of this subchapter, to reflect the
probable intent of Congress.

(g) REFUNDS.—The Under Secretary may refund any fee paid by mistake or any amount
paid in excess of that required.
(h) EXEMPTIONS.—The Under Secretary may
exempt from the passenger fee imposed under
subsection (a)(1) any passenger enplaning at an
airport in the United States that does not receive screening services under section 44901 for
that segment of the trip for which the passenger
does not receive screening.
(i) DEPOSIT OF RECEIPTS IN GENERAL FUND.—
(1) IN GENERAL.—Beginning in fiscal year
2014, out of fees received in a fiscal year under

2015—Subsec. (i)(4)(K), (L). Pub. L. 114–41 added subpars. (K) and (L).
2014—Subsec. (c). Pub. L. 113–294 amended subsec. (c)
generally. Prior to amendment, text read as follows:
‘‘Fees imposed under subsection (a)(1) shall be $5.60 per
one-way trip in air transportation or intrastate air
transportation that originates at an airport in the
United States.’’
2013—Subsec. (a)(2). Pub. L. 113–67, § 601(a)(1), struck
out par. (2) which related to fees on air carriers and foreign air carriers engaged in air transportation and
intrastate air transportation.
Subsec. (c). Pub. L. 113–67, § 601(b), amended subsec.
(c) generally. Prior to amendment, text read as follows:

AMENDMENTS

§ 44941

TITLE 49—TRANSPORTATION

‘‘Fees imposed under subsection (a)(1) may not exceed
$2.50 per enplanement in air transportation or intrastate air transportation that originates at an airport in
the United States, except that the total amount of such
fees may not exceed $5.00 per one-way trip.’’
Subsec. (d)(1). Pub. L. 113–67, § 601(a)(2), struck out
‘‘, and may impose a fee under subsection (a)(2),’’ after
‘‘under subsection (a)(1)’’.
Subsec. (i). Pub. L. 113–67, § 601(c), amended subsec. (i)
generally. Prior to amendment, subsec. (i) related to
the Checkpoint Screening Security Fund.
2007—Subsec. (a)(2)(A), (B)(iv). Pub. L. 110–161, which
directed amendment of subsec. (a)(2) ‘‘by striking the
period in the last sentence of subparagraph (A) and the
clause (iv) of subparagraph B and adding the following,
‘except for estimates and additional collections made
pursuant to the appropriation for Aviation Security in
Public Law 108–334: Provided, That such judicial review
shall be pursuant to section 46110 of title 49, United
States Code: Provided further, That such judicial review
shall be limited only to additional amounts collected
by the Secretary before October 1, 2007.’ ’’, was executed
by substituting the quoted language directed to be
added for the period at the end of last sentence of subpar. (A) and for the period at the end of cl. (iv) of subpar. (B), to reflect the probable intent of Congress.
Subsec. (d)(4). Pub. L. 110–53, § 1601(1), inserted
‘‘, other than subsection (i),’’ before ‘‘except to’’.
Subsec. (i). Pub. L. 110–53, § 1601(2), added subsec. (i).
2003—Subsec. (a)(1). Pub. L. 108–7 inserted at end of
concluding provisions ‘‘For purposes of subparagraph
(A), the term ‘Federal law enforcement personnel’ includes State and local law enforcement officers who are
deputized under section 44922.’’
Subsec. (a)(1)(H), (I). Pub. L. 108–176, § 605(b)(1), added
subpars. (H) and (I).
Subsec. (d)(4). Pub. L. 108–176, § 605(b)(2), substituted
‘‘appropriations Act or in section 44923’’ for ‘‘appropriations Act’’.
EFFECTIVE DATE OF 2014 AMENDMENT
Pub. L. 113–294, § 1(b), Dec. 19, 2014, 128 Stat. 4009, provided that: ‘‘The amendment made by subsection (a)
[amending this section] shall apply with respect to a
trip in air transportation or intrastate air transportation that is purchased on or after the date of the enactment of this Act [Dec. 19, 2014].’’
EFFECTIVE DATE OF 2013 AMENDMENT
Pub. L. 113–67, div. A, title VI, § 601(a)(3), Dec. 26, 2013,
127 Stat. 1187, provided that: ‘‘The repeal made by paragraph (1) [amending this section] and the amendment
made by paragraph (2) [amending this section] shall
each take effect on October 1, 2014.’’
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF
TITLE 51
General references to ‘‘this title’’ deemed to refer
also to chapters 509 and 511 of Title 51, National and
Commercial Space Programs, see section 4(d)(8) of Pub.

Page 1180

L. 111–314, set out as a note under section 101 of this
title.
IMPOSITION OF FEE INCREASE
Pub. L. 113–67, div. A, title VI, § 601(d), Dec. 26, 2013,
127 Stat. 1188, provided that: ‘‘The Secretary of Homeland Security shall implement the fee increase authorized by the amendment made by subsection (b) [amending this section]—
‘‘(1) beginning on July 1, 2014; and
‘‘(2) through the publication of notice of such fee in
the Federal Register, notwithstanding section 9701 of
title 31, United States Code, and the procedural requirements of section 553 of title 5, United States
Code.’’
CONTINUED AVAILABILITY OF EXISTING BALANCES
Pub. L. 113–67, div. A, title VI, § 601(e), Dec. 26, 2013,
127 Stat. 1188, provided that: ‘‘The amendments made
by this section [amending this section] shall not affect
the availability of funds made available under section
44940(i) of title 49, United States Code, before the date
of enactment of this Act [Dec. 26, 2013].’’

§ 44941. Immunity for reporting suspicious activities
(a) IN GENERAL.—Any air carrier or foreign air
carrier or any employee of an air carrier or foreign air carrier who makes a voluntary disclosure of any suspicious transaction relevant to a
possible violation of law or regulation, relating
to air piracy, a threat to aircraft or passenger
safety, or terrorism, as defined by section 3077 of
title 18, United States Code, to any employee or
agent of the Department of Transportation, the
Department of Justice, any Federal, State, or
local law enforcement officer, or any airport or
airline security officer shall not be civilly liable
to any person under any law or regulation of the
United States, any constitution, law, or regulation of any State or political subdivision of any
State, for such disclosure.
(b) APPLICATION.—Subsection (a) shall not
apply to—
(1) any disclosure made with actual knowledge that the disclosure was false, inaccurate,
or misleading; or
(2) any disclosure made with reckless disregard as to the truth or falsity of that disclosure.
(Added Pub. L. 107–71, title I, § 125(a), Nov. 19,
2001, 115 Stat. 631.)
§ 44942. Performance goals and objectives
(a) SHORT TERM TRANSITION.—
(1) IN GENERAL.—Within 180 days after the
date of enactment of the Aviation and Transportation Security Act, the Under Secretary
for Transportation Security may, in consultation with Congress—
(A) establish acceptable levels of performance for aviation security, including screening operations and access control, and
(B) provide Congress with an action plan,
containing measurable goals and milestones,
that outlines how those levels of performance will be achieved.
(2) BASICS OF ACTION PLAN.—The action plan
shall clarify the responsibilities of the Transportation Security Administration, the Federal Aviation Administration and any other
agency or organization that may have a role