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49 U.S.C. § 44940 — Security service fee

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 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

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Stable record: federal_law:legal_authorities:record_usc_3dfdc7a7b553702d79395a76
Source file: Laws/federal/codes/united-states-code/title-49/section-44940-security-service-fee--212a6f2397.md
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Source location: Title 49, Chapter 449, § 44940; chapter-449-security.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9701&num=0&edition=prelim) and the procedural requirements of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section4261&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3302&num=0&edition=prelim), 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) 11 So in original. $1,640,000,000 for fiscal year 2026. (N) 1 $1,680,000,000 for fiscal year 2027.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 101 — Purpose

**(a)** The national objectives of general welfare, economic growth and stability, and security of the United States require the development of transportation policies and programs that contribute to providing fast, safe, efficient, and convenient transportation at the lowest cost consistent with those and other national objectives, including the efficient use and conservation of the resources of the United States. **(b)** A Department of Transportation is necessary in the public interest and to— (1) ensure the coordinated and effective administration of the transportation programs of the United States Government; (2) make easier the development and improvement of coordinated transportation service to be provided by private enterprise to the greatest extent feasible; (3) encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested persons to achieve transportation objectives; (4) stimulate technological advances in transportation, through research and development or otherwise; (5) provide general leadership in identifying and solving transportation problems; and (6) develop and recommend to the President and Congress transportation policies and programs to achieve transportation objectives considering the needs of the public, users, carriers, industry, labor, and national defense.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 106 — Federal Aviation Administration

**(a) In General.—** The Federal Aviation Administration is an administration in the Department of Transportation. **(b) Administration Leadership.—** (1) **Administrator.—** (A) *In general.—* — The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. (B) *Qualifications.—* — The Administrator shall— (i) be a citizen of the United States; (ii) not be an active duty member of the Armed Forces; (iii) not have retired from the Armed Forces within the 7 years preceding nomination; and (iv) have experience in organizational management and a field directly related to aviation. (C) *Fitness.—* — In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office. (D) *Term of office.—* — The term of office for any individual appointed as Administrator shall be 5 years. (E) *Reporting chain.—* — Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation. (2) **Deputy administrator.—** (A) *In general.—* — The Administrator has a Deputy Administrator, who shall be appointed by the President. (B) *Qualifications.—* — The Deputy Administrator shall— (i) be a citizen of the United States; and (ii) have experience in organizational management and a field directly related to aviation. (C) *Fitness.—* — In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to s

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 106

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 46110 — Judicial review

**(a) Filing and Venue.—** Except for an order related to a foreign air carrier subject to disapproval by the President under section 41307 or 41509(f) of this title, a person disclosing a substantial interest in an order issued by the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) in whole or in part under this part, part B, or subsection (l) or (r) of section 114 may apply for review of the order by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 60 days after the order is issued. The court may allow the petition to be filed after the 60th day only if there are reasonable grounds for not filing by the 60th day. **(b) Judicial Procedures.—** When a petition is filed under subsection (a) of this section, the clerk of the court immediately shall send a copy of the petition to the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, as appropriate. The Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall file with the court a record of any proceeding in which the order was issued, as provided in [section 2112 of title

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 46110

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 4261 — Imposition of tax

**(a) In general** There is hereby imposed on the amount paid for taxable transportation of any person a tax equal to 7.5 percent of the amount so paid. **(b) Domestic segments of taxable transportation** (1) **In general** — There is hereby imposed on the amount paid for each domestic segment of taxable transportation by air a tax in the amount of $3.00. (2) **Domestic segment** — For purposes of this section, the term “domestic segment” means any segment consisting of 1 takeoff and 1 landing and which is taxable transportation described in section 4262(a)(1). (3) **Changes in segments by reason of rerouting** — If— (A) transportation is purchased between 2 locations on specified flights, and (B) there is a change in the route taken between such 2 locations which changes the number of domestic segments, but there is no change in the amount charged for such transportation, the tax imposed by paragraph (1) shall be determined without regard to such change in route. **(c) Use of international travel facilities** (1) **In general** — There is hereby imposed a tax of $12.00 on any amount paid (whether within or without the United States) for any transportation of any person by air, if such transportation begins or ends in the United States. (2) **Exception for transportation entirely taxable under subsection (a)** — This subsection shall not apply to any transportation all of which is taxable under subsection (a) (determined without regard to sections 4281 and 4282). (3) **Special rule for Alaska and Hawaii** — In any case in which the tax imposed by paragraph (1) applies to a domestic segment beginning or ending in Alaska or Hawaii, such tax shall apply only to departures and shall be at the rate of $6. **(d) By whom paid** Except as provided in section 42

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3302 — Custodians of money

**(a)** Except as provided by another law, an official or agent of the United States Government having custody or possession of public money shall keep the money safe without— (1) lending the money; (2) using the money; (3) depositing the money in a bank; and (4) exchanging the money for other amounts. **(b)** Except as provided in section 3718(b) 11 See References in Text note below. of this title, an official or agent of the Government receiving money for the Government from any source shall deposit the money in the Treasury as soon as practicable without deduction for any charge or claim. **(c)** (1) A person having custody or possession of public money, including a disbursing official having public money not for current expenditure, shall deposit the money without delay in the Treasury or with a depositary designated by the Secretary of the Treasury under law. Except as provided in paragraph (2), money required to be deposited pursuant to this subsection shall be deposited not later than the third day after the custodian receives the money. The Secretary or a depositary receiving a deposit shall issue duplicate receipts for the money deposited. The original receipt is for the Secretary and the duplicate is for the custodian. (2) The Secretary of the Treasury may by regulation prescribe that a person having custody or possession of money required by this subsection to be deposited shall deposit such money during a period of time that is greater or lesser than the period of time specified by the second sentence of paragraph (1). **(d)** An official or agent not complying with subsection (b) of this section may be removed from office. The official or agent may be required to forfeit to the Government any part of the money held by the official or agent and to w

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 9701 — Fees and charges for Government services and things of value

**(a)** It is the sense of Congress that each service or thing of value provided by an agency (except a mixed-ownership Government corporation) to a person (except a person on official business of the United States Government) is to be self-sustaining to the extent possible. **(b)** The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be— (1) fair; and (2) based on— (A) the costs to the Government; (B) the value of the service or thing to the recipient; (C) public policy or interest served; and (D) other relevant facts. **(c)** This section does not affect a law of the United States— (1) prohibiting the determination and collection of charges and the disposition of those charges; and (2) prescribing bases for determining charges, but a charge may be redetermined under this section consistent with the prescribed bases.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 4261 — Imposition of tax

Page 2951 TITLE 26—INTERNAL REVENUE CODE § 4261 Editorial Notes CODIFICATION This subchapter, relating to the tax on communica- tions was repealed by Pub. L. 90–364, title I, § 105(b)(3), June 28, 1968, 82 Stat. 266, as amended by Pub. L. 91–172, title VII, § 702(b)(3), Dec. 30, 1969, 83 Stat. 660; Pub. L. 91–614, title II, § 201(b)(3), Dec. 31, 1970, 84 Stat. 1843, ef- fective with respect to amounts paid pursuant to bills first rendered on or after Jan. 1, 1982. In the case of communications services rendered before Nov. 1, 1981, for which a bill has not been rendered before Jan. 1, 1982, a bill shall be treated as having been first ren- dered on Dec. 31, 1981. Repeal of this subchapter was not executed in view of the amendments to section 4251 of this title by Pub. L. 96–499, Pub. L. 97–34, Pub. L. 97–248, Pub. L. 98–369, Pub. L. 99–514, Pub. L. 100–203, and Pub. L. 101–508, extending the date in (and finally elimi- nating) provisions which had reduced the tax to zero after a specified date. AMENDMENTS 1977—Subsec. (c). Pub. L. 95–172 added subsec. (c). 1965—Subsec. (a). Pub. L. 89–44 substituted ‘‘local telephone service or toll telephone service’’ for ‘‘gen- eral telephone service, toll telephone service, or tele- graph service’’. Subsec. (b). Pub. L. 89–44 substituted ‘‘toll telephone service’’ for ‘‘toll telephone service or telegraph serv- ice’’ in catchline and text. 1958—Subsec. (a). Pub. L. 85–859 provided that if the person who renders the bill groups individual items for purposes of rendering the bill and computing the tax, then the amount on which the tax with respect to each group shall be based shall be the sum of all items with- in that group, and the tax on remaining items not in- cluded in any such group shall be based on the

Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 4261

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44940 — Security service fee

Page 1516 TITLE 49—TRANSPORTATION § 44940 section (a) [enacting this section] applies to applica- tions for training received after the date of enactment of this Act [Nov. 19, 2001].’’ FLIGHT INSTRUCTOR CERTIFICATES Pub. L. 118–63, title VIII, § 820, May 16, 2024, 138 Stat. 1330, provided that: ‘‘Not later than 18 months after the date of enactment of this Act [May 16, 2024], the Ad- ministrator [of the Federal Aviation Administration] shall issue a final rule for the rulemaking activity ti- tled ‘Removal of the Expiration Date on a Flight In- structor Certificate’, published in Fall 2022 in the Uni- fied Agenda of Federal Regulatory and Deregulatory Actions (RIN 2120–AL25) to, at a minimum, update part 61 of title 14, Code of Federal Regulations, to— ‘‘(1) remove the expiration date on a flight instruc- tor certificate; and ‘‘(2) replace the requirement that a flight instruc- tor renews their flight instructor certificate with ap- propriate recent experience requirements for the holder of a flight instructor certificate to exercise the privileges of such certificate.’’ 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 Sec- retary of Homeland Security shall promulgate an in- terim 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 imple- ment 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 cov

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