49 U.S.C. § 44923 — Airport security improvement projects

Page 1497 TITLE 49—TRANSPORTATION § 44923 1 So in original. Probably should be ‘‘Science,’’. tized under this section shall be treated as a Federal law enforcement officer for purposes of meeting the requirements of this chapter and other provisions of law to provide Federal law enforcement officers to carry out Federal air- port security duties. (c) AGREEMENTS.—To deputize a State or local law enforcement officer under this section, the Administrator of the Transportation Security Administration shall enter into a voluntary agreement with the appropriate State or local law enforcement agency that employs the State or local law enforcement officer. (d) REIMBURSEMENT.— (1) IN GENERAL.—The Administrator of the Transportation Security Administration shall reimburse a State or local law enforcement agency for all reasonable, allowable, and allo- cable costs incurred by the State or local law enforcement agency with respect to a law en- forcement officer deputized under this section. (2) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated such sums as may be necessary to carry out this subsection. (e) FEDERAL TORT CLAIMS ACT.—A State or local law enforcement officer who is deputized under this section shall be treated as an ‘‘em- ployee of the Government’’ for purposes of sec- tions 1346(b), 2401(b), and chapter 171 of title 28, United States Code, while carrying out Federal airport security duties within the course and scope of the officer’s employment, subject to Federal supervision and control, and in accord- ance with the terms of such deputization. (f) STATIONING OF OFFICERS.—The Adminis- trator of the Transportation Security Adminis- tration may allow law enforcement personnel to be stationed other than at the airport security screening location if that would be preferable for law enforcement purposes and if such per- sonnel would still be able to provide prompt re- sponsiveness to problems occurring at the screening location. (Added Pub. L. 108–7, div. I, title III, § 351(a), Feb. 20, 2003, 117 Stat. 419; amended Pub. L. 115–254, div. K, title I, § 1991(d)(18), Oct. 5, 2018, 132 Stat. 3636.) AMENDMENTS 2018—Pub. L. 115–254, § 1991(d)(18)(D), substituted ‘‘Ad- ministrator of the Transportation Security Adminis- tration’’ for ‘‘Under Secretary’’ wherever appearing. Pub. L. 115–254, § 1991(d)(18)(A), substituted ‘‘Deputiza- tion’’ for ‘‘Deputation’’ in section catchline. Subsec. (a). Pub. L. 115–254, § 1991(d)(18)(B), in head- ing, substituted ‘‘Deputization’’ for ‘‘Deputation’’ and, in text, substituted ‘‘Administrator of the Transpor- tation Security Administration’’ for ‘‘Under Secretary of Transportation for Security’’. Subsec. (e). Pub. L. 115–254, § 1991(d)(18)(C), sub- stituted ‘‘deputization’’ for ‘‘deputation’’. § 44923. Airport security improvement projects (a) GRANT AUTHORITY.—Subject to the require- ments 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 bag- gage areas as needed to install explosive detec- tion systems; (3) for projects to enable the Administrator of the Transportation Security Administra- tion to deploy explosive detection systems be- hind the ticket counter, in the baggage sort- ing area, or in line with the baggage handling system; and (4) for other airport security capital im- provement projects. (b) APPLICATIONS.—A sponsor seeking a grant under this section shall submit to the Adminis- trator of the Transportation Security Adminis- tration an application in such form and con- taining such information as the Administrator of the Transportation Security Administration prescribes. (c) APPROVAL.—The Administrator of the Transportation Security Administration, after consultation with the Secretary of Transpor- tation, may approve an application of a sponsor for a grant under this section only if the Admin- istrator of the Transportation Security Admin- istration determines that the project will im- prove security at an airport or improve the effi- ciency of the airport without lessening security. (d) LETTERS OF INTENT.— (1) ISSUANCE.—The Administrator of the Transportation Security Administration shall issue a letter of intent to a sponsor commit- ting to obligate from future budget authority an amount, not more than the Federal Govern- ment’s share of the project’s cost, for an air- port security improvement project (including interest costs and costs of formulating the project). (2) SCHEDULE.—A letter of intent under this subsection shall establish a schedule under which the Administrator of the Transpor- tation 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 with- out receiving amounts under this section. (3) NOTICE TO ADMINISTRATOR OF THE TRANS- PORTATION SECURITY ADMINISTRATION.—A spon- sor that has been issued a letter of intent under this subsection shall notify the Admin- istrator of the Transportation Security Ad- ministration of the sponsor’s intent to carry out a project before the project begins. (4) NOTICE TO CONGRESS.—The Administrator of the Transportation Security Administra- tion shall transmit to the Committees on Ap- propriations and Transportation and Infra- structure of the House of Representatives and the Committees on Appropriations and Com- merce, Science 1 and Transportation of the Senate a written notification at least 3 days before the issuance of a letter of intent under this section. (5) LIMITATIONS.—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 adminis- trative commitment for financing. An obliga- tion or administrative commitment may be made only as amounts are provided in author- ization and appropriations laws. Page 1498 TITLE 49—TRANSPORTATION § 44924 (6) STATUTORY CONSTRUCTION.—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 fis- cal year as the letter of intent is issued. (e) FEDERAL SHARE.—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) SPONSOR DEFINED.—In this section, the term ‘‘sponsor’’ has the meaning given that term in section 47102. (g) APPLICABILITY OF CERTAIN REQUIRE- MENTS.—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) AVIATION SECURITY CAPITAL FUND.— (1) IN GENERAL.—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 fis- cal years 2004 through 2028 shall be available to be deposited in the Fund. The Adminis- trator of the Transportation Security Admin- istration 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 de- posit 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) ALLOCATION.—Of the amount made avail- able under paragraph (1) for a fiscal year, not less than $200,000,000 shall be allocated to ful- fill letters of intent issued under subsection (d). (3) DISCRETIONARY GRANTS.—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 trans- action agreements for airport security im- provement projects, with priority given to small hub airports and nonhub airports. (i) LEVERAGED FUNDING.—For purposes of this section, a grant under subsection (a) to an air- port sponsor to service an obligation issued by or on behalf of that sponsor to fund a project de- scribed in subsection (a) shall be considered to be a grant for that project. (Added Pub. L. 108–176, title VI, § 605(a), Dec. 12, 2003, 117 Stat. 2566; amended Pub. L. 108–458, title IV, § 4019(e)(1), Dec. 17, 2004, 118 Stat. 3722; Pub. L. 110–53, title XVI, §§ 1603(a), 1604(a), Aug. 3, 2007, 121 Stat. 480; Pub. L. 115–254, div. K, title I, § 1991(d)(19), Oct. 5, 2018, 132 Stat. 3636.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–254, § 1991(d)(19)(B), substituted ‘‘Ad- ministrator of the Transportation Security Adminis- tration’’ for ‘‘Under Secretary’’ wherever appearing. Subsec. (a). Pub. L. 115–254, § 1991(d)(19)(A), in intro- ductory 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 Govern- ment’s share’’ and struck out par. (2). Prior to amend- ment, text of par. (2) read as follows: ‘‘The Under Sec- retary 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), sub- stituted ‘‘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 avia- tion 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 pro- vided, see section 3 of Pub. L. 108–176, set out as an Ef- fective 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 Transpor- tation Security Administration to establish a prioritization schedule for airport security improve- ment projects described in this section based on risk and other relevant factors, to be funded under this sec- tion, 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 fund- ing 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 ex- ceed 10 years after the date that the Secretary issues such letter, subject to the availability of appropria- tions. 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 Depart- ment of Transportation and Related Agencies Appro- priation Act, 2003 [Pub. L. 108–7, div. I] (49 U.S.C. 47110 note).’’ § 44924. Repair station security (a) SECURITY REVIEW AND AUDIT.—To ensure the security of maintenance and repair work