E:\PUBLAW\PUBL090.109

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119 STAT. 2088

6 USC 114 note.

Deadline.
Procedures.

Reports.

Reports.

Guidelines.

Deadline.

Notice.
Federal Register,
publication.
49 USC 114 note.

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PUBLIC LAW 109–90—OCT. 18, 2005

1986, agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), and the pressing of apples
for cider on a farm,’’.
SEC. 537. Using funds made available in this Act, the Secretary
of Homeland Security shall provide that each office within the
Department that handles documents marked as Sensitive Security
Information (SSI) shall have at least one employee in that office
with authority to coordinate and make determinations on behalf
of the agency that such documents meet the criteria for marking
as SSI: Provided, That not later than December 31, 2005, the
Secretary shall submit to the Committees on Appropriations of
the Senate and the House of Representatives: (1) Departmentwide policies for designating, coordinating and marking documents
as SSI; (2) Department-wide auditing and accountability procedures
for documents designated and marked as SSI; (3) the total number
of SSI Coordinators within the Department; and (4) the total
number of staff authorized to designate SSI documents within the
Department: Provided further, That not later than January 31,
2006, the Secretary shall provide to the Committees on Appropriations of the Senate and the House of Representatives the title
of all DHS documents that are designated as SSI in their entirety
during the period October 1, 2005, through December 31, 2005:
Provided further, That not later than January 31 of each succeeding
year, starting on January 31, 2007, the Secretary shall provide
annually a similar report to the Committees on Appropriations
of the Senate and the House of Representatives on the titles of
all DHS documents that are designated as SSI in their entirety
during the period of January 1 through December 31 for the preceding year: Provided further, That the Secretary shall promulgate
guidance that includes common but extensive examples of SSI that
further define the individual categories of information cited under
49 CFR 1520(b)(1) through (16) and eliminates judgment by covered
persons in the application of the SSI marking: Provided further,
That such guidance shall serve as the primary basis and authority
for the marking of DHS information as SSI by covered persons.
SEC. 538. For grants to States pursuant to section 204(a) of
the REAL ID Act of 2005 (Division B of Public Law 109–13),
$40,000,000, to remain available until expended: Provided, That
of the funds provided under this section, $34,000,000 may not
be obligated or allocated for grants until the Committees on Appropriations of the Senate and the House of Representatives receive
and approve an implementation plan for the responsibilities of
the Department of Homeland Security under the REAL ID Act
of 2005 (Division B of Public Law 109–13), including the proposed
uses of the grant monies: Provided further, That of the funds
provided under this section, not less than $6,000,000 shall be made
available within 60 days from the date of enactment of this Act
to States for pilot projects on integrating hardware, software, and
information management systems.
SEC. 539. For activities related to the Department of Homeland
Security Working Capital Fund, subsection (f) of section 403 of
Public Law 103–356 (31 U.S.C. 501 note), is amended by striking
‘‘October 1, 2005’’ and inserting ‘‘October 1, 2006’’.
SEC. 540. For fiscal year 2006 and thereafter, notwithstanding
section 553 of title 5, United States Code, the Secretary of Homeland
Security shall impose a fee for any registered traveler program
undertaken by the Department of Homeland Security by notice

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PUBLIC LAW 109–90—OCT. 18, 2005

119 STAT. 2089

in the Federal Register, and may modify the fee from time to
time by notice in the Federal Register: Provided, That such fees
shall not exceed the aggregate costs associated with the program
and shall be credited to the Transportation Security Administration
registered traveler fee account, to be available until expended.
SEC. 541. A person who has completed a security awareness
training course approved by or operated under a cooperative agreement with the Department of Homeland Security using funds made
available in fiscal year 2006 and thereafter or in any prior appropriations Acts, who is enrolled in a program recognized or acknowledged by an Information Sharing and Analysis Center, and who
reports a situation, activity or incident pursuant to that program
to an appropriate authority, shall not be liable for damages in
any action brought in a Federal or State court which result from
any act or omission unless such person is guilty of gross negligence
or willful misconduct.
SEC. 542. Of the unobligated balances available in the ‘‘Department of Homeland Security Working Capital Fund’’, $15,000,000
are rescinded.
SEC. 543. Of the unobligated balances from prior year appropriations made available for Transportation Security Administration
‘‘Aviation Security’’, $5,500,000 are rescinded.
SEC. 544. Of funds made available for the United States Coast
Guard in previous appropriations Acts, $6,369,118 are rescinded,
as follows: (1) $499,489 provided for ‘‘Coast Guard, Acquisition,
Construction, and Improvements’’ in Public Law 105–277; (2)
$87,097 provided for ‘‘Coast Guard, Operating Expenses’’ in Public
Law 105–277; (3) $269,217 provided for ‘‘Coast Guard, Acquisition,
Construction, and Improvements’’ in Public Law 107–87; (4) $8,315
provided for ‘‘Coast Guard, Acquisition, Construction, and Improvements’’ in Public Law 106–69; and (5) $5,505,000 for ‘‘Coast Guard,
Acquisition, Construction, and Improvements’’ in Public Law 108–
90.
SEC. 545. Of the unobligated balances from prior year appropriations made available for the ‘‘Counterterrorism Fund’’,
$8,000,000 are rescinded.
SEC. 546. Of the unobligated balances from prior year appropriations made available for Science and Technology ‘‘Research,
Development, Acquisition, and Operations’’, $20,000,000 are
rescinded.
SEC. 547. SECURITY SCREENING OPT-OUT PROGRAM. Section
44920 of title 49, United States Code, is amended by adding at
the end the following:
‘‘(g) OPERATOR OF AIRPORT.—Notwithstanding any other provision of law, an operator of an airport shall not be liable for any
claims for damages filed in State or Federal court (including a
claim for compensatory, punitive, contributory, or indemnity damages) relating to—
‘‘(1) such airport operator’s decision to submit an application to the Secretary of Homeland Security under subsection
(a) or section 44919 or such airport operator’s decision not
to submit an application; and
‘‘(2) any act of negligence, gross negligence, or intentional
wrongdoing by—
‘‘(A) a qualified private screening company or any of
its employees in any case in which the qualified private
screening company is acting under a contract entered into

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6 USC 486.

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