Title 49 — Transportation
Part A · Chapter 449 — Security
§ 44940. Security service fee
Statutory text
General Authority.—
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:
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.
The costs of training personnel described in subparagraph (A), and the acquisition, operation, and maintenance of equipment used by such personnel.
The costs of performing background investigations of personnel described in subparagraphs (A), (D), (F), and (G).
The costs of the Federal air marshals program.
The costs of performing civil aviation security research and development under this title.
The costs of Federal Security Managers under section 44903.
The costs of deploying Federal law enforcement personnel pursuant to section 44903(h).
The costs of security-related capital improvements at airports.
The costs of training pilots and flight attendants under sections 44918 and 44921.
Determination of costs.—
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.
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.
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.
Limitation on Fee.—
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.
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).
Offsetting collections.—
Beginning on , 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.
Imposition of Fee.—
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.
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.
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.
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.
Administration of Fees.—
Fees payable to administrator.—
All fees imposed and amounts collected under this section are payable to the Administrator of the Transportation Security Administration.
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).
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.
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.
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.
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.
Receipts Credited as Offsetting Collections.—
Notwithstanding section 3302 of title 31, any fee collected under this section—
shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed;
shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and
shall remain available until expended.
Refunds.—
The Administrator of the Transportation Security Administration may refund any fee paid by mistake or any amount paid in excess of that required.
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.
Deposit of Receipts in General Fund.—
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.
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).
Relationship to other provisions.—
Subsections (b) and (f) shall not apply to amounts to be used for making deposits under this subsection.
Fiscal year amounts.—
For purposes of paragraphs (1) and (2), the fiscal year amounts are as follows:
$1,320,000,000 for fiscal year 2018.
$1,360,000,000 for fiscal year 2019.
$1,400,000,000 for fiscal year 2020.
$1,440,000,000 for fiscal year 2021.
$1,480,000,000 for fiscal year 2022.
$1,520,000,000 for fiscal year 2023.
$760,000,000 for fiscal year 2024.
$1,600,000,000 for fiscal year 2025.
1 $1,640,000,000 for fiscal year 2026.
1 $1,680,000,000 for fiscal year 2027.
Footnotes
- 1 So in original.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aviation and Transportation Security Act
Pub. L. 107–71 title I § 118(a) · 115 Stat. 597
Enacted · 49 U.S.C. § 44940
Added Pub. L. 107–71, title I, § 118(a), Nov. 19, 2001, 115 Stat. 625
Source evidence
Code source credit
Added Pub. L. 107–71, title I, § 118(a), Nov. 19, 2001, 115 Stat. 625Enacted provision · exact public law section
(a) In General.— Subchapter II of chapter 449 is amended by adding at the end the following: “§ 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 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). The amount of such costs shall be determined by the Under Secretary and shall not be subject to judicial review. “(2) Air carrier fees.— “(A) Authority.— In addition to the fee imposed pursuant to paragraph (1), and only to the extent that the Under Secretary estimates that such fee will be insufficient to pay for the costs of providing civil aviation security services described in paragraph (1), the Under Secretary may impose a fee on air carriers and foreign air carriers engaged in air transportation and intrastate air transportation to pay for the difference between any such costs and the amount collected from such fee, as estimated by the Under Secretary at the beginning of each fiscal year. The estimates of the Under Secretary under this subparagraph are not subject to judicial review. “(B) Limitations.— “(i) Overall limit.— The amounts of fees collected under this paragraph for each fiscal year may not exceed, in the aggregate, the amounts paid in calendar year 2000 by carriers described in subparagraph (A) for screening passengers and property, as determined by the Under Secretary. “(ii) Per-carrier limit.— The amount of fees collected under this paragraph from an air carrier described in subparagraph (A) for each of fiscal years 2002, 2003, and 2004 may not exceed the amount paid in calendar year 2000 by that carrier for screening passengers and property, as determined by the Under Secretary. “(iii) Adjustment of per-carrier limit.— For fiscal year 2005 and subsequent fiscal years, the percarrier limitation under clause (ii) may be determined by the Under Secretary on the basis of market share or any other appropriate measure in lieu of actual screening costs in calendar year 2000. “(iv) Finality of determinations.— Determinations of the Under Secretary under this subparagraph are not subject to judicial review. “(C) Special rule for fiscal year 2002.— The amount of fees collected under this paragraph from any carrier for fiscal year 2002 may not exceed the amounts paid by that carrier for screening passengers and property for a period of time in calendar year 2000 proportionate to the period of time in fiscal year 2002 during which fees are collected under this paragraph. “(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.— 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. “(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), and may impose a fee under subsection (a)(2), 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) 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 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 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. “(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 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 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.”.Department of Transportation and Related Agencies Appropriations Act, 2003
Pub. L. 108–7 div. I title III § 351(b) · 117 Stat. 11
Inserted · 49 U.S.C. § 44940(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(b) Security Service Fee.— Section 44940(a)(1) of title 49, United States Code, is amended by adding at the end the following: “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. 108–176 § 605(b)(1) · 117 Stat. 2490
Added · 49 U.S.C. § 44940(a)(1)(H); 49 U.S.C. § 44940(a)(1)(I)
Pub. L. 108–176, § 605(b)(1), added subpars. (H) and (I)
Source evidence
Code amendment note
Subsec. (a)(1)(H), (I). Pub. L. 108–176, § 605(b)(1), added subpars. (H) and (I).Enacted provision · exact public law section
(1) Use of passenger fee funds.— Section 44940(a)(1) is amended by inserting after subparagraph (G) the following: “(H) The costs of security-related capital improvements at airports. “(I) The costs of training pilots and flight attendants under sections 44918 and 44921.” .Pub. L. 108–176 § 605(b)(2) · 117 Stat. 2490
Substituted · 49 U.S.C. § 44940(d)(4)
Pub. L. 108–176, § 605(b)(2), substituted “appropriations Act or in section 44923” for “appropriations Act”
Source evidence
Code amendment note
Subsec. (d)(4). Pub. L. 108–176, § 605(b)(2), substituted “appropriations Act or in section 44923” for “appropriations Act”.Enacted provision · exact public law section
(2) Limitation on collection.— Section 44940(d)(4) is amended by striking “Act.” and inserting “Act or in section 44923.”.Pub. L. 110–53 § 1601(1) · 121 Stat. 266
Inserted · 49 U.S.C. § 44940(d)(4)
Pub. L. 110–53, § 1601(1), inserted “, other than subsection (i),” before “except to”
Source evidence
Code amendment note
Subsec. (d)(4). Pub. L. 110–53, § 1601(1), inserted “, other than subsection (i),” before “except to”.Enacted provision · exact public law section
(1) in subsection (d)(4) by inserting “, other than subsection (i),” before “except to”; andPub. L. 110–53 § 1601(2) · 121 Stat. 266
Added · 49 U.S.C. § 44940(i)
Pub. L. 110–53, § 1601(2), added subsec. (i)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 110–53, § 1601(2), added subsec. (i).Enacted provision · exact public law section
(2) by adding at the end the following: “(i) Checkpoint Screening Security Fund.— “(1) Establishment.— There is established in the Department of Homeland Security a fund to be known as the ‘Checkpoint Screening Security Fund’. “(2) Deposits.— In fiscal year 2008, after amounts are made available under section 44923(h), the next $250,000,000 derived from fees received under subsection (a)(1) shall be available to be deposited in the Fund. “(3) Fees.— The Secretary of Homeland Security shall impose the fee authorized by subsection (a)(1) so as to collect at least $250,000,000 in fiscal year 2008 for deposit into the Fund. “(4) Availability of amounts.— Amounts in the Fund shall be available until expended by the Administrator of the Transportation Security Administration for the purchase, deployment, installation, research, and development of equipment to improve the ability of security screening personnel at screening checkpoints to detect explosives.” .Consolidated Appropriations Act, 2008
Pub. L. 110–161 div. E title V § 540 · 121 Stat. 1844
Substituted · 49 U.S.C. § 44940(a)(2)(A); 49 U.S.C. § 44940(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
Sec. 540. Section 504(a)(11)(E) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104–134; 110 Stat. 1321–55) is amended by inserting before “an alien” the following: “a nonimmigrant worker admitted to, or permitted to remain in, the United States under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) for forestry labor or”.Bipartisan Budget Act of 2013
Pub. L. 113–67 § 601(a)(1) · 127 Stat. 1165
Struck · 49 U.S.C. § 44940(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(1) Repeal.— Section 44940(a)(2) of title 49, United States Code, is repealed.Bipartisan Budget Act of 2013
Pub. L. 113–67 § 601(b) · 127 Stat. 1165
Amended · 49 U.S.C. § 44940(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(b) Restructuring of Passenger Fee.— Section 44940(c) of such title is amended to read as follows: “(c) Limitation on Fee.— 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.” .Bipartisan Budget Act of 2013
Pub. L. 113–67 § 601(a)(2) · 127 Stat. 1165
Struck · 49 U.S.C. § 44940(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)”
Source evidence
Code amendment note
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)”.Enacted provision · exact public law section
(2) Conforming amendment.— Section 44940(d)(1) of such title is amended by striking “, and may impose a fee under subsection (a)(2),”.Bipartisan Budget Act of 2013
Pub. L. 113–67 § 601(c) · 127 Stat. 1165
Amended · 49 U.S.C. § 44940(i)
Pub. L. 113–67, § 601(c), amended subsec. (i) generally. Prior to amendment, subsec. (i) related to the Checkpoint Screening Security Fund
Source evidence
Code amendment note
Subsec. (i). Pub. L. 113–67, § 601(c), amended subsec. (i) generally. Prior to amendment, subsec. (i) related to the Checkpoint Screening Security Fund.Enacted provision · exact public law section
(c) Deposit of Receipts in General Fund.— Section 44940(i) of such title is amended to read as follows: “(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) $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.” .Pub. L. 113–294 § 1(a) · 128 Stat. 4009
Amended · 49 U.S.C. § 44940(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(a) In General.— Subsection (c) of section 44940 of title 49, United States Code, is amended to read as follows: “(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).” .Effective date note
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].”Surface Transportation and Veterans Health Care Choice Improvement Act of 2015
Pub. L. 114–41 title III § 3001 · 129 Stat. 443
Added · 49 U.S.C. § 44940(i)(4)(K); 49 U.S.C. § 44940(i)(4)(L)
Pub. L. 114–41 added subpars. (K) and (L)
Source evidence
Code amendment note
Subsec. (i)(4)(K), (L). Pub. L. 114–41 added subpars. (K) and (L).Enacted provision · exact public law section
SEC. 3001. SERVICE FEES. Paragraph (4) of section 44940(i) of title 49, United States Code, is amended by adding at the end the following new subparagraphs: “(K) $1,560,000,000 for fiscal year 2024. “(L) $1,600,000,000 for fiscal year 2025.” .Bipartisan Budget Act of 2018
Pub. L. 115–123 div. C title II § 30202 · 132 Stat. 64
Added · 49 U.S.C. § 44940(i)(4)(M); 49 U.S.C. § 44940(i)(4)(N)
Pub. L. 115–123 added subpars. (M) and (N)
Source evidence
Code amendment note
Subsec. (i)(4)(M), (N). Pub. L. 115–123 added subpars. (M) and (N).Enacted provision · exact public law section
SEC. 30202. AVIATION SECURITY SERVICE FEES. Paragraph (4) of section 44940(i) of title 49, United States Code, is amended by adding at the end the following new subparagraphs: “(M) $1,640,000,000 for fiscal year 2026. “(N) $1,680,000,000 for fiscal year 2027.” .TSA Modernization Act
Pub. L. 115–254 § 1991(d)(31)(A)(i)(II) · 132 Stat. 3187
Struck · 49 U.S.C. § 44940(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(II) by striking the last two sentences; andTSA Modernization Act
Pub. L. 115–254 § 1991(d)(31)(A)(i)(I) · 132 Stat. 3187
Substituted · 49 U.S.C. § 44940(a)(1)
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
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(I) by striking “Under Secretary of Transportation for Security” and inserting “Administrator of the Transportation Security Administration”; andTSA Modernization Act
Pub. L. 115–254 § 1991(d)(31)(A)(ii) · 132 Stat. 3187
Added · 49 U.S.C. § 44940(a)(2)
Pub. L. 115–254, § 1991(d)(31)(A)(ii), added par. (2)
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 115–254, § 1991(d)(31)(A)(ii), added par. (2).Enacted provision · exact public law section
(ii) by adding at the end the following: “(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.” ;TSA Modernization Act
Pub. L. 115–254 § 1991(d)(31)(B) · 132 Stat. 3187
Substituted · 49 U.S.C. § 44940(b)
Pub. L. 115–254, § 1991(d)(31)(B), substituted “Administrator of the Transportation Security Administration” for “Under Secretary”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 115–254, § 1991(d)(31)(B), substituted “Administrator of the Transportation Security Administration” for “Under Secretary”.Enacted provision · exact public law section
(B) in subsections (b), (d), (e), (g), and (h), by striking “Under Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”;TSA Modernization Act
Pub. L. 115–254 § 1940 · 132 Stat. 3187
Added · 49 U.S.C. § 44940(c)(3)
Pub. L. 115–254, § 1940, added par. (3)
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 115–254, § 1940, added par. (3).Enacted provision · exact public law section
SEC. 1940. PASSENGER SECURITY FEE. Section 44940(c) is amended by adding at the end the following: “(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.” .TSA Modernization Act
Pub. L. 115–254 § 1991(d)(31)(C)(i) · 132 Stat. 3187
Struck · 49 U.S.C. § 44940(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(i) in paragraph (1)— (I) by striking “within 60 days of the date of enactment of this Act, or”; and (II) by striking “thereafter”; andTSA Modernization Act
Pub. L. 115–254 § 1991(d)(31)(B) · 132 Stat. 3187
Substituted · 49 U.S.C. § 44940(d)(1)
Pub. L. 115–254, § 1991(d)(31)(B), substituted “Administrator of the Transportation Security Administration” for “Under Secretary”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–254, § 1991(d)(31)(B), substituted “Administrator of the Transportation Security Administration” for “Under Secretary”.Enacted provision · exact public law section
(B) in subsections (b), (d), (e), (g), and (h), by striking “Under Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”;TSA Modernization Act
Pub. L. 115–254 § 1991(d)(31)(C)(ii) · 132 Stat. 3187
Substituted · 49 U.S.C. § 44940(d)(2)
Pub. L. 115–254, § 1991(d)(31)(C)(ii), substituted “paragraph (1) of this subsection” for “subsection (d)” in two places
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 115–254, § 1991(d)(31)(C)(ii), substituted “paragraph (1) of this subsection” for “subsection (d)” in two places.Enacted provision · exact public law section
(ii) in paragraph (2), by striking “subsection (d)” each place it appears and inserting “paragraph (1) of this subsection”;TSA Modernization Act
Pub. L. 115–254 § 1991(d)(31)(B) · 132 Stat. 3187
Substituted · 49 U.S.C. § 44940(d)(3)
Pub. L. 115–254, § 1991(d)(31)(B), substituted “Administrator of the Transportation Security Administration” for “Under Secretary”
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 115–254, § 1991(d)(31)(B), substituted “Administrator of the Transportation Security Administration” for “Under Secretary”.Enacted provision · exact public law section
(B) in subsections (b), (d), (e), (g), and (h), by striking “Under Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”;TSA Modernization Act
Pub. L. 115–254 § 1991(d)(31)(D) · 132 Stat. 3187
Substituted · 49 U.S.C. § 44940(e)(1)
Pub. L. 115–254, § 1991(d)(31)(D), substituted “Fees payable to Administrator” for “Fees payable to Under Secretary” in heading
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 115–254, § 1991(d)(31)(D), substituted “Fees payable to Administrator” for “Fees payable to Under Secretary” in heading.Enacted provision · exact public law section
(D) in subsection (e)(1), by striking “Fees payable to under secretary” in the heading and inserting “Fees payable to administrator”; andTSA Modernization Act
Pub. L. 115–254 § 1991(d)(31)(B) · 132 Stat. 3187
Substituted · 49 U.S.C. § 44940(e)(1)
Pub. L. 115–254, § 1991(d)(31)(B), substituted “Administrator of the Transportation Security Administration” for “Under Secretary”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–254, § 1991(d)(31)(B), substituted “Administrator of the Transportation Security Administration” for “Under Secretary”.Enacted provision · exact public law section
(B) in subsections (b), (d), (e), (g), and (h), by striking “Under Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”;TSA Modernization Act
Pub. L. 115–254 § 1991(d)(31)(B) · 132 Stat. 3187
Substituted · 49 U.S.C. § 44940(e)(4)
Pub. L. 115–254, § 1991(d)(31)(B), substituted “Administrator of the Transportation Security Administration” for “Under Secretary” in two places
Source evidence
Code amendment note
Subsec. (e)(4). Pub. L. 115–254, § 1991(d)(31)(B), substituted “Administrator of the Transportation Security Administration” for “Under Secretary” in two places.Enacted provision · exact public law section
(B) in subsections (b), (d), (e), (g), and (h), by striking “Under Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”;TSA Modernization Act
Pub. L. 115–254 § 1991(d)(31)(B) · 132 Stat. 3187
Substituted · 49 U.S.C. § 44940(g); 49 U.S.C. § 44940(h)
Pub. L. 115–254, § 1991(d)(31)(B), substituted “Administrator of the Transportation Security Administration” for “Under Secretary”
Source evidence
Code amendment note
Subsecs. (g), (h). Pub. L. 115–254, § 1991(d)(31)(B), substituted “Administrator of the Transportation Security Administration” for “Under Secretary”.Enacted provision · exact public law section
(B) in subsections (b), (d), (e), (g), and (h), by striking “Under Secretary” each place it appears and inserting “Administrator of the Transportation Security Administration”;TSA Modernization Act
Pub. L. 115–254 § 1991(d)(31)(E) · 132 Stat. 3187
Redesignated · 49 U.S.C. § 44940(i)(4)(A)(L)
Pub. L. 115–254, § 1991(d)(31)(E), redesignated subpars. (E) to (L) as (A) to (H), respectively
Struck · 49 U.S.C. § 44940(i)(4)(A)(L)
Pub. L. 115–254, § 1991(d)(31)(E), struck out former subpars. (A) to (D) which read as follows:
Source evidence
Code amendment note
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.”
Enacted provision · exact public law section
(E) in subsection (i)(4)— (i) by striking subparagraphs (A) through (D); and (ii) by redesignating subparagraphs (E) through (L) as subparagraphs (A) through (H), respectively;Pub. L. 118–47 div. G title I § 108(a) · 138 Stat. 857
Substituted · 49 U.S.C. § 44940(i)(4)(G)
Pub. L. 118–47 substituted “$760,000,000” for “$1,560,000,000”
Unresolved: Pub. L. 118–47 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (i)(4)(G). Pub. L. 118–47 substituted “$760,000,000” for “$1,560,000,000”.
29 of 30 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
Codification
Pub. L. 107–71, title I, § 118(a), , 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.
Amendments2003–2024 · 7 rounds
2024
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 .’ ”, 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), , 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 [].”
Effective Date of 2013 Amendment
Pub. L. 113–67, div. A, title VI, § 601(a)(3), , 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 .”
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after , 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 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. L. 111–314, set out as a note under section 101 of this title.
Applicability Date of 2024 Amendment
Pub. L. 118–47, div. G, title I, § 108(b), , 138 Stat. 857, provided that: “This section [amending this section] shall be applied as if it were in effect on .”
Imposition of Fee Increase
Pub. L. 113–67, div. A, title VI, § 601(d), , 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 ; 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), , 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 [].”
Credits
2001–2024 · 11 acts
- 2001Added Pub. L. 107–71, title I, § 118(a), , 115 Stat. 625
- 2003amended Pub. L. 108–7, div. I, title III, § 351(b), , 117 Stat. 420
- 2003Pub. L. 108–176, title VI, § 605(b)(1), (2), , 117 Stat. 2568
- 2007Pub. L. 110–53, title XVI, § 1601, , 121 Stat. 477
- 2007Pub. L. 110–161, div. E, title V, § 540, , 121 Stat. 2079
- 2013Pub. L. 113–67, div. A, title VI, § 601(a)(1), (2), (b), (c), , 127 Stat. 1187
- 2014Pub. L. 113–294, § 1(a), , 128 Stat. 4009
- 2015Pub. L. 114–41, title III, § 3001, , 129 Stat. 460
- 2018Pub. L. 115–123, div. C, title II, § 30202, , 132 Stat. 126
- 2018Pub. L. 115–254, div. K, title I, §§ 1940, 1991(d)(31), , 132 Stat. 3582, 3639
- 2024Pub. L. 118–47, div. G, title I, § 108(a), , 138 Stat. 857.
Show as published
(Added Pub. L. 107–71, title I, § 118(a), , 115 Stat. 625; amended Pub. L. 108–7, div. I, title III, § 351(b), , 117 Stat. 420; Pub. L. 108–176, title VI, § 605(b)(1), (2), , 117 Stat. 2568; Pub. L. 110–53, title XVI, § 1601, , 121 Stat. 477; Pub. L. 110–161, div. E, title V, § 540, , 121 Stat. 2079; Pub. L. 113–67, div. A, title VI, § 601(a)(1), (2), (b), (c), , 127 Stat. 1187; Pub. L. 113–294, § 1(a), , 128 Stat. 4009; Pub. L. 114–41, title III, § 3001, , 129 Stat. 460; Pub. L. 115–123, div. C, title II, § 30202, , 132 Stat. 126; Pub. L. 115–254, div. K, title I, §§ 1940, 1991(d)(31), , 132 Stat. 3582, 3639; Pub. L. 118–47, div. G, title I, § 108(a), , 138 Stat. 857.)