§44923 — Title 49 Transportation | U.S. Code

Summary

TSA must give grants to airport sponsors to pay for airport security building projects. Examples are replacing baggage conveyors, changing terminal baggage areas so explosive detection machines fit, putting detection equipment behind ticket counters or into baggage sorting lines, and other security capital projects. A sponsor (the airport owner or operator, see section 47102) must apply in the form TSA requires. TSA, after talking with the Secretary of Transportation, will only approve projects that make the airport more secure or make it more efficient without reducing security. For approved projects, the federal share is 90% for medium or large hub airports and 95% for all other airports. TSA can issue a letter of intent that promises to obligate future budget money up to the federal share (this can include interest and planning costs). The letter must set a schedule for reimbursing the sponsor as funds become available if the sponsor builds the project first. The sponsor must tell TSA it plans to start the project before it begins. TSA must notify certain House and Senate appropriations and transportation committees at least 3 days before issuing a letter. A letter of intent is not a legal government obligation under 31 U.S.C. 1501; the government can only obligate money when Congress provides it, though it may do so in the same fiscal year. There is an Aviation Security Capital Fund that gets the first $250,000,000 collected each year under section 44940(a)(1) for fiscal years 2004 through 2028. At least $200,000,000 of that must go to meet letters of intent each year, and up to $50,000,000 may be used for discretionary grants, with priority for small hub and nonhub airports. Grants used to pay an airport’s debt for a covered project count as grants under this program.

Title 49, §44923

Transportation — Source: USLM XML via OLRC

(a)Subject to the requirements of this section, the Administrator of the Transportation Security Administration shall make grants to airport sponsors—

(1)for projects to replace baggage conveyer systems related to aviation security;

(2)for projects to reconfigure terminal baggage areas as needed to install explosive detection systems;

(3)for projects to enable the Administrator of the Transportation Security Administration to deploy explosive detection systems behind the ticket counter, in the baggage sorting area, or in line with the baggage handling system; and

(4)for other airport security capital improvement projects.

(b)A sponsor seeking a grant under this section shall submit to the Administrator of the Transportation Security Administration an application in such form and containing such information as the Administrator of the Transportation Security Administration prescribes.

(c)The Administrator of the Transportation Security Administration, after consultation with the Secretary of Transportation, may approve an application of a sponsor for a grant under this section only if the Administrator of the Transportation Security Administration determines that the project will improve security at an airport or improve the efficiency of the airport without lessening security.

(d)(1)The Administrator of the Transportation Security Administration shall issue a letter of intent to a sponsor committing to obligate from future budget authority an amount, not more than the Federal Government’s share of the project’s cost, for an airport security improvement project (including interest costs and costs of formulating the project).

(2)A letter of intent under this subsection shall establish a schedule under which the Administrator of the Transportation Security Administration will reimburse the sponsor for the Government’s share of the project’s costs, as amounts become available, if the sponsor, after the Administrator of the Transportation Security Administration issues the letter, carries out the project without receiving amounts under this section.

(3)A sponsor that has been issued a letter of intent under this subsection shall notify the Administrator of the Transportation Security Administration of the sponsor’s intent to carry out a project before the project begins.

(4)The Administrator of the Transportation Security Administration shall transmit to the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations and Commerce, Science 11 So in original. Probably should be “Science,”. and Transportation of the Senate a written notification at least 3 days before the issuance of a letter of intent under this section.

(5)A letter of intent issued under this subsection is not an obligation of the Government under section 1501 of title 31, and the letter is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriations laws.

(6)Nothing in this subsection shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued.

(e)The Government’s share of the cost of a project under this section shall be 90 percent for a project at a medium or large hub airport and 95 percent for a project at any other airport.

(f)In this section, the term “sponsor” has the meaning given that term in section 47102.

(g)The requirements that apply to grants and letters of intent issued under chapter 471 (other than section 47102(3)) shall apply to grants and letters of intent issued under this section.

(h)(1)There is established within the Department of Homeland Security a fund to be known as the Aviation Security Capital Fund. The first $250,000,000 derived from fees received under section 44940(a)(1) in each of fiscal years 2004 through 2028 shall be available to be deposited in the Fund. The Administrator of the Transportation Security Administration shall impose the fee authorized by section 44940(a)(1) so as to collect at least $250,000,000 in each of such fiscal years for deposit into the Fund. Amounts in the Fund shall be available to the Administrator of the Transportation Security Administration to make grants under this section.

(2)Of the amount made available under paragraph (1) for a fiscal year, not less than $200,000,000 shall be allocated to fulfill letters of intent issued under subsection (d).

(3)Of the amount made available under paragraph (1) for a fiscal year, up to $50,000,000 shall be used to make discretionary grants, including other transaction agreements for airport security improvement projects, with priority given to small hub airports and nonhub airports.

(i)For purposes of this section, a grant under subsection (a) to an airport sponsor to service an obligation issued by or on behalf of that sponsor to fund a project described in subsection (a) shall be considered to be a grant for that project.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Pub. L. 115–254, § 1991(d)(19)(B), substituted “Administrator of the Transportation Security Administration” for “Under Secretary” wherever appearing. Subsec. (a). Pub. L. 115–254, § 1991(d)(19)(A), in introductory provisions, substituted “Administrator of the Transportation Security Administration” for “Under Secretary for Border and Transportation Security of the Department of Homeland Security”. Subsec. (e). Pub. L. 115–254, § 1991(d)(19)(C), struck out par. (1) designation and heading before “The Government’s share” and struck out par. (2). Prior to amendment, text of par. (2) read as follows: “The Under Secretary shall revise letters of intent issued before the date of enactment of this section to reflect the cost share established in this subsection with respect to grants made after September 30, 2003.” Subsec. (j). Pub. L. 115–254, § 1991(d)(19)(D), struck out subsec. (j) which authorized appropriations for fiscal years 2005 to 2011. 2007—Subsec. (a). Pub. L. 110–53, § 1604(a)(1), substituted “shall make” for “may make” in introductory provisions. Subsec. (d)(1). Pub. L. 110–53, § 1604(a)(2), substituted “shall issue” for “may issue”. Subsec. (h)(1). Pub. L. 110–53, § 1604(a)(3), substituted “2028” for “2007”. Subsec. (h)(2), (3). Pub. L. 110–53, § 1604(a)(4), added pars. (2) and (3) and struck out former pars. (2) and (3) which related to allocation of $125,000,000 of amount available per fiscal year for large, medium, and small hub airports, nonhub airports, and on the basis of aviation security risks, and allocation of $125,000,000 of amount available per fiscal year for discretionary grants, with priority given to fulfilling letters of intent issued under subsec. (d). Subsec. (i). Pub. L. 110–53, § 1604(a)(6), added subsec. (i). Former subsec. (i) redesignated (j). Subsec. (i)(1). Pub. L. 110–53, § 1603(a), substituted “2007, and $450,000,000 for each of fiscal years 2008 through 2011” for “2007.” Subsec. (j). Pub. L. 110–53, § 1604(a)(5), redesignated subsec. (i) as (j). 2004—Subsec. (i)(1). Pub. L. 108–458 substituted “$400,000,000 for each of fiscal years 2005, 2006, and 2007” for “$250,000,000 for each of fiscal years 2004 through 2007”.

Statutory Notes and Related Subsidiaries

Effective Date

Section 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 an

Effective Date

of 2003 Amendment note under section 106 of this title. Prioritization of Projects Pub. L. 110–53, title XVI, § 1604(b), Aug. 3, 2007, 121 Stat. 480, required the Administrator of the Transportation Security Administration to establish a prioritization schedule for airport security improvement projects described in this section based on risk and other relevant factors, to be funded under this section, and to provide to Congress, not later than 180 days after Aug. 3, 2007, a copy of the prioritization schedule, a corresponding timeline, and a description of the funding allocation under this section. Period of Reimbursement Pub. L. 108–458, title IV, § 4019(e)(2), Dec. 17, 2004, 118 Stat. 3722, provided that: “Notwithstanding any other provision of law, the Secretary [of Homeland Security] may provide that the period of reimbursement under any letter of intent may extend for a period not to exceed 10 years after the date that the Secretary issues such letter, subject to the availability of appropriations. This paragraph applies to letters of intent issued under section 44923 of title 49, United States Code, and letters of intent issued under section 367 of the Department of Transportation and Related Agencies Appropriation Act, 2003 [Pub. L. 108–7, div. I] (49 U.S.C. 47110 note).”

§44923 Airport security improvement projects

Summary

Title 49, §44923

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata