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 covered by that section if the Secretary requires fin- gerprints in the administration of that section, and shall transmit the fingerprints to the Secretary or other agency designated by the Secretary. The Attor- ney General and the Secretary of State shall cooperate with the Secretary of Homeland Security in carrying out this paragraph. ‘‘(3) USE OF UNITED STATES FACILITIES.—If the Sec- retary of Homeland Security requires fingerprinting in the administration of section 44939 of title 49, United States Code, the Secretary may designate locations within the United States that will provide fingerprinting services to individuals covered by that section.’’ REPORT Pub. L. 108–176, title VI, § 612(d), Dec. 12, 2003, 117 Stat. 2574, provided that, not later than 1 year after Dec. 12, 2003, the Secretary of Homeland Security would submit to Congress a report on the effectiveness of the activi- ties carried out under this section in reducing risks to aviation and national security. INTERNATIONAL COOPERATION Pub. L. 107–71, title I, § 113(c), Nov. 19, 2001, 115 Stat. 622, provided that: ‘‘The Secretary of Transportation, in consultation with the Secretary of State, shall work with the International Civil Aviation Organization and the civil aviation authorities of other countries to im- prove international aviation security through screen- ing programs for flight instruction candidates.’’ § 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 transpor- tation originating at airports in the United States, to pay for the following costs of pro- viding 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 de- scribed in subparagraph (A), and the acquisi- tion, operation, and maintenance of equip- ment used by such personnel. (C) The costs of performing background in- vestigations of personnel described in sub- paragraphs (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 Man- agers under section 44903. (G) The costs of deploying Federal law en- forcement 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 Se- curity Administration and shall not be sub- ject to judicial review. (B) DEFINITION OF FEDERAL LAW ENFORCE- MENT PERSONNEL.—For purposes of para- graph (1)(A), the term ‘‘Federal law enforce- ment 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 Trans- portation 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 transpor- tation 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 sub- section, the term ‘‘round trip’’ means a trip on an air travel itinerary that terminates or has a stopover at the origin point (or co-terminal). (3) OFFSETTING COLLECTIONS.—Beginning on October 1, 2027, fees collected under subsection (a)(1) for any fiscal year shall be credited as offsetting collections to appropriations made for aviation security measures carried out by the Transportation Security Administration, to remain available until expended. (d) IMPOSITION OF FEE.— (1) IN GENERAL.—Notwithstanding section 9701 of title 31 and the procedural require- ments of section 553 of title 5, the Adminis- trator of the Transportation Security Admin- Page 1517 TITLE 49—TRANSPORTATION § 44940 1 So in original. istration shall impose the fee under subsection (a)(1) through the publication of notice of such fee in the Federal Register and begin collec- tion 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 sub- section 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 sub- section on transportation of a passenger of a carrier described in subsection (a)(1) is not col- lected 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 collec- tion 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 ac- tivities and services for which the fee is im- posed is provided for in advance in an appro- priations 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 col- lected 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 col- lected 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 pre- ceding the calendar month in which the remit- tance is made. (4) INFORMATION.—The Administrator of the Transportation Security Administration may require the provision of such information as the Administrator of the Transportation Secu- rity Administration decides is necessary to verify that fees have been collected and remit- ted 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 re- tained by the air carrier or foreign air carrier for the costs of collecting, handling, or remit- ting the fee except for interest accruing to the carrier after collection and before remittance. (f) RECEIPTS CREDITED AS OFFSETTING COLLEC- TIONS.—Notwithstanding section 3302 of title 31, any fee collected under this section— (1) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed; (2) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and (3) shall remain available until expended. (g) REFUNDS.—The Administrator of the Transportation Security Administration may refund any fee paid by mistake or any amount paid in excess of that required. (h) EXEMPTIONS.—The Administrator of the Transportation Security Administration may exempt from the passenger fee imposed under subsection (a)(1) any passenger enplaning at an airport in the United States that does not re- ceive 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 cred- ited 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 para- graph (4) for the fiscal year for making depos- its under paragraph (1). (3) RELATIONSHIP TO OTHER PROVISIONS.—Sub- sections (b) and (f) shall not apply to amounts to be used for making deposits under this sub- section. (4) FISCAL YEAR AMOUNTS.—For purposes of paragraphs (1) and (2), the fiscal year amounts are as follows: (A) $1,320,000,000 for fiscal year 2018. (B) $1,360,000,000 for fiscal year 2019. (C) $1,400,000,000 for fiscal year 2020. (D) $1,440,000,000 for fiscal year 2021. (E) $1,480,000,000 for fiscal year 2022. (F) $1,520,000,000 for fiscal year 2023. (G) $760,000,000 for fiscal year 2024. (H) $1,600,000,000 for fiscal year 2025. (M) 1 $1,640,000,000 for fiscal year 2026. (N) 1 $1,680,000,000 for fiscal year 2027. (Added Pub. L. 107–71, title I, § 118(a), Nov. 19, 2001, 115 Stat. 625; amended Pub. L. 108–7, div. I, title III, § 351(b), Feb. 20, 2003, 117 Stat. 420; Pub. L. 108–176, title VI, § 605(b)(1), (2), Dec. 12, 2003, 117 Stat. 2568; Pub. L. 110–53, title XVI, § 1601, Aug. 3, 2007, 121 Stat. 477; Pub. L. 110–161, div. E, title V, § 540, Dec. 26, 2007, 121 Stat. 2079; Pub. L. 113–67, div. A, title VI, § 601(a)(1), (2), (b), (c), Dec. 26, 2013, 127 Stat. 1187; Pub. L. 113–294, § 1(a), Dec. 19, 2014, 128 Stat. 4009; Pub. L. 114–41, title III, § 3001, July 31, 2015, 129 Stat. 460; Pub. L. 115–123, div. C, title II, § 30202, Feb. 9, 2018, 132 Stat. 126; Pub. L. 115–254, div. K, title I, §§ 1940, 1991(d)(31), Oct. 5, 2018, 132 Stat. 3582, 3639; Pub. L. 118–47, div. G, title I, § 108(a), Mar. 23, 2024, 138 Stat. 857.) Page 1518 TITLE 49—TRANSPORTATION § 44940 Editorial Notes CODIFICATION Pub. L. 107–71, title I, § 118(a), Nov. 19, 2001, 115 Stat. 625, which directed the addition of section 44940 at end of subchapter II of chapter 449 without specifying the Code title to be amended, was executed by adding this section at the end of this subchapter, to reflect the probable intent of Congress. AMENDMENTS 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 subpara- graph (A), the term ‘Federal law enforcement per- sonnel’ includes State and local law enforcement offi- cers who are deputized under section 44922.’’ Pub. L. 115–254, § 1991(d)(31)(A)(i)(I), substituted ‘‘Ad- ministrator of the Transportation Security Adminis- tration’’ 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), sub- stituted ‘‘Administrator of the Transportation Secu- rity 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 ‘‘Adminis- trator of the Transportation Security Administration’’ for ‘‘Under Secretary’’. Subsec. (d)(2). Pub. L. 115–254, § 1991(d)(31)(C)(ii), sub- stituted ‘‘paragraph (1) of this subsection’’ for ‘‘sub- section (d)’’ in two places. Subsec. (d)(3). Pub. L. 115–254, § 1991(d)(31)(B), sub- stituted ‘‘Administrator of the Transportation Secu- rity Administration’’ for ‘‘Under Secretary’’. Subsec. (e)(1). Pub. L. 115–254, § 1991(d)(31)(D), sub- stituted ‘‘Fees payable to Administrator’’ for ‘‘Fees payable to Under Secretary’’ in heading. Pub. L. 115–254, § 1991(d)(31)(B), substituted ‘‘Adminis- trator of the Transportation Security Administration’’ for ‘‘Under Secretary’’. Subsec. (e)(4). Pub. L. 115–254, § 1991(d)(31)(B), sub- stituted ‘‘Administrator of the Transportation Secu- rity Administration’’ for ‘‘Under Secretary’’ in two places. Subsecs. (g), (h). Pub. L. 115–254, § 1991(d)(31)(B), sub- stituted ‘‘Administrator of the Transportation Secu- rity 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), respec- tively, 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 sub- pars. (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 for- eign 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 intra- state air transportation that originates at an airport in the United States, except that the total amount of such fees may not exceed $5.00 per one-way trip.’’ Subsec. (d)(1). Pub. L. 113–67, § 601(a)(2), struck out ‘‘, and may impose a fee under subsection (a)(2),’’ after ‘‘under subsection (a)(1)’’. Subsec. (i). Pub. L. 113–67, § 601(c), amended subsec. (i) generally. Prior to amendment, subsec. (i) related to the Checkpoint Screening Security Fund. 2007—Subsec. (a)(2)(A), (B)(iv). Pub. L. 110–161, which directed amendment of subsec. (a)(2) ‘‘by striking the period in the last sentence of subparagraph (A) and the clause (iv) of subparagraph B and adding the following, ‘except for estimates and additional collections made pursuant to the appropriation for Aviation Security in Public Law 108–334: Provided, That such judicial review shall be pursuant to section 46110 of title 49, United States Code: Provided further, That such judicial review shall be limited only to additional amounts collected by the Secretary before October 1, 2007.’ ’’, was executed by substituting the quoted language directed to be added for the period at the end of last sentence of sub- par. (A) and for the period at the end of cl. (iv) of sub- par. (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’ in- cludes 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 ‘‘appropria- tions Act’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–294, § 1(b), Dec. 19, 2014, 128 Stat. 4009, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to a trip in air transportation or intrastate air transpor- tation that is purchased on or after the date of the en- actment of this Act [Dec. 19, 2014].’’ EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 113–67, div. A, title VI, § 601(a)(3), Dec. 26, 2013, 127 Stat. 1187, provided that: ‘‘The repeal made by para- graph (1) [amending this section] and the amendment made by paragraph (2) [amending this section] shall each take effect on October 1, 2014.’’ EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–176 applicable only to fis- cal years beginning after Sept. 30, 2003, except as other- wise 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), Mar. 23, 2024, 138 Stat. 857, provided that: ‘‘This section [amending this section] shall be applied as if it were in effect on Octo- ber 1, 2023.’’ Page 1519 TITLE 49—TRANSPORTATION § 44942 IMPOSITION OF FEE INCREASE Pub. L. 113–67, div. A, title VI, § 601(d), Dec. 26, 2013, 127 Stat. 1188, provided that: ‘‘The Secretary of Home- land Security shall implement the fee increase author- ized by the amendment made by subsection (b) [amend- ing this section]— ‘‘(1) beginning on July 1, 2014; and ‘‘(2) through the publication of notice of such fee in the Federal Register, notwithstanding section 9701 of title 31, United States Code, and the procedural re- quirements of section 553 of title 5, United States Code.’’ CONTINUED AVAILABILITY OF EXISTING BALANCES Pub. L. 113–67, div. A, title VI, § 601(e), Dec. 26, 2013, 127 Stat. 1188, provided that: ‘‘The amendments made by this section [amending this section] shall not affect the availability of funds made available under section 44940(i) of title 49, United States Code, before the date of enactment of this Act [Dec. 26, 2013].’’ § 44941. Immunity for reporting suspicious activi- ties (a) IN GENERAL.—Any air carrier or foreign air carrier or any employee of an air carrier or for- eign air carrier who makes a voluntary disclo- sure of any suspicious transaction relevant to a possible violation of law or regulation, relating to air piracy, a threat to aircraft or passenger safety, or terrorism, as defined by section 3077 of title 18, United States Code, to any employee or agent of the Department of Transportation, the Department of Homeland Security, the Depart- ment of Justice, any Federal, State, or local law enforcement officer, or any airport or airline se- curity officer shall not be civilly liable to any person under any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision of any State, for such disclosure. (b) APPLICATION.—Subsection (a) shall not apply to— (1) any disclosure made with actual knowl- edge that the disclosure was false, inaccurate, or misleading; or (2) any disclosure made with reckless dis- regard as to the truth or falsity of that disclo- sure. (Added Pub. L. 107–71, title I, § 125(a), Nov. 19, 2001, 115 Stat. 631; amended Pub. L. 115–254, div. K, title I, § 1991(d)(32), Oct. 5, 2018, 132 Stat. 3640.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–254 inserted ‘‘the De- partment of Homeland Security,’’ after ‘‘Department of Transportation,’’. § 44942. Performance goals and objectives (a) SHORT TERM TRANSITION.— (1) IN GENERAL.—The Administrator of the Transportation Security Administration may, in consultation with other relevant Federal agencies and Congress— (A) establish acceptable levels of perform- ance for aviation security, including screen- ing operations and access control; and (B) provide Congress with an action plan, containing measurable goals and milestones, that outlines how those levels of perform- ance will be achieved. (2) BASICS OF ACTION PLAN.—The action plan shall clarify the responsibilities of the Trans- portation Security Administration, the Fed- eral Aviation Administration, and any other agency or organization that may have a role in ensuring the safety and security of the civil air transportation system. (b) LONG-TERM RESULTS-BASED MANAGE- MENT.— (1) PERFORMANCE PLAN.— (A) Each year, consistent with the require- ments of the Government Performance and Results Act of 1993 (GPRA), the Secretary of Homeland Security and the Administrator of the Transportation Security Administration shall agree on a performance plan for the succeeding 5 years that establishes measur- able goals and objectives for aviation secu- rity. The plan shall identify action steps necessary to achieve such goals. (B) In addition to meeting the require- ments of GPRA, the performance plan should clarify the responsibilities of the Sec- retary of Homeland Security, the Adminis- trator of the Transportation Security Ad- ministration, and any other agency or orga- nization that may have a role in ensuring the safety and security of the civil air trans- portation system. (2) PERFORMANCE REPORT.—Each year, con- sistent with the requirements of GPRA, the Administrator of the Transportation Security Administration shall prepare and submit to Congress an annual report including an eval- uation of the extent goals and objectives were met. The report shall include the results achieved during the year relative to the goals established in the performance plan. (Added Pub. L. 107–71, title I, § 130, Nov. 19, 2001, 115 Stat. 633; amended Pub. L. 115–254, div. K, title I, § 1991(d)(33), Oct. 5, 2018, 132 Stat. 3640.) Editorial Notes REFERENCES IN TEXT The Government Performance and Results Act of 1993, referred to in subsec. (b), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section 306 of Title 5, Government Organization and Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and enacted provisions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under sec- tion 1101 of Title 31 and Tables. AMENDMENTS 2018—Subsec. (a)(1). Pub. L. 115–254, § 1991(d)(33)(A)(i)(I), in introductory provisions, sub- stituted ‘‘The Administrator of the Transportation Se- curity Administration may, in consultation with other relevant Federal agencies and’’ for ‘‘Within 180 days after the date of enactment of the Aviation and Trans- portation Security Act, the Under Secretary for Trans- portation Security may, in consultation with’’. Subsec. (a)(1)(A). Pub. L. 115–254, § 1991(d)(33)(A)(i)(II), substituted ‘‘; and’’ for ‘‘, and’’. Subsec. (a)(2). Pub. L. 115–254, § 1991(d)(33)(A)(ii), in- serted comma after ‘‘Federal Aviation Administra- tion’’. Subsec. (b). Pub. L. 115–254, § 1991(d)(33)(B)(i), (ii), struck out par. (1) designation and heading ‘‘Perform-