49 U.S.C. § 44940

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 44940 - Security service fee

(a) GENERAL AUTHORITY.-

(1) PASSENGER FEES.-The Administrator of the Transportation Security Administration 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 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.

(2) DETERMINATION OF COSTS.-

(A) IN GENERAL.-The amount of the costs under paragraph (1) shall be determined by the Administrator of the Transportation Security Administration and shall not be subject to judicial review.

(B) DEFINITION OF FEDERAL LAW ENFORCEMENT PERSONNEL.-For purposes of paragraph (1)(A), the term "Federal law enforcement personnel" includes State and local law enforcement officers who are deputized under section 44922.

(b) SCHEDULE OF FEES.-In imposing fees under subsection (a), the Administrator of the Transportation Security Administration 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).

(3) OFFSETTING COLLECTIONS.-Beginning on October 1, 2027, fees collected under subsection (a)(1) for any fiscal year shall be credited as offsetting collections to appropriations made for aviation security measures carried out by the Transportation Security Administration, to remain available until expended.

(d) IMPOSITION OF FEE.-

(1) IN GENERAL.-Notwithstanding section 9701 of title 31 and the procedural requirements of section 553 of title 5, the Administrator of the Transportation Security Administration 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 as soon as possible.

(2) SPECIAL RULES PASSENGER FEES.-A fee imposed under subsection (a)(1) through the procedures under paragraph (1) of this subsection 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 paragraph (1) of this subsection on transportation of a passenger of a carrier described in subsection (a)(1) is not 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 Administrator of the Transportation Security Administration 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 ADMINISTRATOR.-All fees imposed and amounts collected under this section are payable to the Administrator of the Transportation Security Administration.

(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 Administrator of the Transportation Security Administration may require the provision of such information as the Administrator of the Transportation Security Administration 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 COLLECTIONS.-Notwithstanding section 3302 of title 31, 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.

(g) REFUNDS.-The Administrator of the Transportation Security Administration may refund any fee paid by mistake or any amount paid in excess of that required.

(h) EXEMPTIONS.-The Administrator of the Transportation Security Administration 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 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) $1,320,000,000 for fiscal year 2018.

(B) $1,360,000,000 for fiscal year 2019.

(C) $1,400,000,000 for fiscal year 2020.

(D) $1,440,000,000 for fiscal year 2021.

(E) $1,480,000,000 for fiscal year 2022.

(F) $1,520,000,000 for fiscal year 2023.

(G) $760,000,000 for fiscal year 2024.

(H) $1,600,000,000 for fiscal year 2025.

(M)¹ $1,640,000,000 for fiscal year 2026.

(N)¹ $1,680,000,000 for fiscal year 2027.

¹ So in original.

49 U.S.C. § 44940

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, §16011601,, 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, §30013001,, 129 Stat. 460; Pub. L. 115-123, div. C, title II, §302020202,, 132 Stat. 126; Pub. L. 115-254, div. K, title I, §§19401940,, 19911940,, 132 Stat. 3582, 3639; Pub. L. 118-47, div. G, title I, §108(a), Mar. 23, 2024, 138 Stat. 857.

EDITORIAL NOTES

CODIFICATION 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.

AMENDMENTS2024-Subsec. (i)(4)(G). Pub. L. 118-47 substituted "$760,000,000" for "$1,560,000,000". 2018-Subsec. (a)(1). Pub. L. 115-254, §1991(d)(31)(A)(i)(II), struck out concluding provisions which read as follows: "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." Pub. L. 115-254, §1991(d)(31)(A)(i)(I), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security" in introductory provisions.Subsec. (a)(2). Pub. L. 115-254, §1991(d)(31)(A)(ii), added par. (2).Subsec. (b). Pub. L. 115-254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary". Subsec. (c)(3). Pub. L. 115-254, §1940, added par. (3). Subsec. (d)(1). Pub. L. 115-254, §1991(d)(31)(C)(i), struck out "within 60 days of the date of enactment of this Act, or" after "of the fee" and "thereafter" before period at end. Pub. L. 115-254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".Subsec. (d)(2). Pub. L. 115-254, §1991(d)(31)(C)(ii), substituted "paragraph (1) of this subsection" for "subsection (d)" in two places.Subsec. (d)(3). Pub. L. 115-254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".Subsec. (e)(1). Pub. L. 115-254, §1991(d)(31)(D), substituted "Fees payable to Administrator" for "Fees payable to Under Secretary" in heading. Pub. L. 115-254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary". Subsec. (e)(4). Pub. L. 115-254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" in two places.Subsecs. (g), (h). Pub. L. 115-254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".Subsec. (i)(4)(A) to (L). Pub. L. 115-254, §1991(d)(31)(E), redesignated subpars. (E) to (L) as (A) to (H), respectively, and struck out former subpars. (A) to (D) which read 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."Subsec. (i)(4)(M), (N). Pub. L. 115-123 added subpars. (M) and (N).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: "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".

STATUTORY NOTES AND RELATED SUBSIDIARIES

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 AMENDMENTAmendment 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.

DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF TITLE 51General 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. L. 111-314 set out as a note under section 101 of this title.

APPLICABILITY OF 2024 AMENDMENT Pub. L. 118-47, div. G, title I, §108(b), Mar. 23, 2024, 138 Stat. 857, provided that: "This section [amending this section] shall be applied as if it were in effect on October 1, 2023."

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]."