636 
cers deputized under section 40931 of this title, who are deployed 
at airport security screening locations under section 40911 of this 
title. 
(B) The costs of training personnel described in subparagraph 
(A), and the acquisition, operation, and maintenance of equipment 
used by the personnel. 
(C) The costs of performing background investigations of per-
sonnel 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 
40913 of this title. 
(G) The costs of deploying Federal law enforcement personnel 
under section 40913(h) of this title. 
(H) The costs of security-related capital improvements at air-
ports. 
(I) The costs of training pilots and flight attendants under sec-
tions 40928 and 40930 of this title. 
(2) DETERMINATION OF COSTS.—The amount of costs listed in para-
graph (1) shall be determined by the Administrator and are not subject 
to judicial review 
(b) SCHEDULE OF FEES.—In imposing fees under subsection (a), the Ad-
ministrator shall ensure that the fees are reasonably related to the Trans-
portation Security Administration’s costs of providing services rendered. 
(c) LIMITATION ON FEE.— 
(1) DEFINITION OF ROUND TRIP.—In this subsection, ‘‘round trip’’ 
means a trip on an air travel itinerary that terminates or has a stop-
over at the origin point (or co-terminal). 
(2) LIMITATION.—The fee imposed under subsection (a) is $5.60 per 
one-way trip in air transportation or intrastate air transportation that 
originates at an airport in the United States, except the fee imposed 
per round trip shall not exceed $11.20. 
(d) IMPOSITION OF FEE.— 
(1) IN GENERAL.—Notwithstanding section 9701 of title 31 and the 
procedural requirements of section 553 of title 5, the Administrator 
shall impose the fee under subsection (a) through the publication of no-
tice of the fee in the Federal Register and begin collection of the fee 
as soon as possible. 
(2) SPECIAL RULES FOR PASSENGER FEES.—A fee imposed under 
subsection (a) through the procedures under paragraph (1) shall apply 
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only to tickets sold after the date on which the fee is imposed. If a 
fee imposed under subsection (a) through the procedures under para-
graph (1) on transportation of a passenger of a carrier described in 
subsection (a) 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 
under paragraph (1), the Administrator may modify, from time to time 
through publication of notice in the Federal Register, the imposition 
or collection of the fee, or both. 
(4) LIMITATION ON COLLECTION.—A fee may be collected under this 
section, other than subsection (i), only to the extent that the expendi-
ture 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 40932 of this title. 
(e) ADMINISTRATION OF FEES.— 
(1) FEES
PAYABLE
TO
ADMINISTRATOR.—All fees imposed and 
amounts collected under this section are payable to the Administrator. 
(2) FEES COLLECTED BY AIR CARRIER.—A fee imposed under sub-
section (a)(1) shall be collected by the air carrier or foreign air carrier 
that sells a ticket for transportation described in subsection (a). 
(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 may require the provision of 
information the Administrator 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 is not 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 car-
rier for the costs of collecting, handling, or remitting the fee, except 
for interest accruing to the carrier after collection and before remit-
tance. 
(f) RECEIPTS
CREDITED
AS
OFFSETTING
COLLECTIONS.—Notwith-
standing section 3302 of title 31, a fee collected under this section— 
(1) shall be credited as offsetting collections to the account that fi-
nances the activities and services for which the fee is imposed; 
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(2) shall be available for expenditure only to pay the costs of activi-
ties and services for which the fee is imposed; and 
(3) remains available until expended. 
(g) REFUNDS.—The Administrator may refund a fee paid by mistake or 
an amount paid in excess of that required. 
(h) EXEMPTIONS.—The Administrator may exempt from the passenger 
fee imposed under subsection (a) a passenger enplaning at an airport in the 
United States that does not receive screening services under section 40911 
of this title for that segment of the trip for which the passenger does not 
receive screening. 
(i) DEPOSIT OF RECEIPTS.— 
(1) IN GENERAL.—Out of fees received in a fiscal year under sub-
section (a), after amounts are made available in the fiscal year under 
section 40932(h), the next funds derived from the 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 shall impose the fee authorized by 
subsection (a) so as to collect in a fiscal year at least the amount speci-
fied in paragraph (4) for the fiscal year for making deposits under 
paragraph (1). 
(3) RELATIONSHIP TO OTHER PROVISIONS.—Subsections (b) and (f) 
do 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) $1,280,000,000 for fiscal year 2017. 
(B) $1,320,000,000 for fiscal year 2018. 
(C) $1,360,000,000 for fiscal year 2019. 
(D) $1,400,000,000 for fiscal year 2020. 
(E) $1,440,000,000 for fiscal year 2021. 
(F) $1,480,000,000 for fiscal year 2022. 
(G) $1,520,000,000 for fiscal year 2023. 
(H) $1,560,000,000 for fiscal year 2024. 
(I) $1,600,000,000 for fiscal year 2025. 
§ 40959. Immunity for reporting suspicious activities 
(a) IN GENERAL.—An air carrier or foreign air carrier or an employee 
of an air carrier or foreign air carrier who makes a voluntary disclosure of 
a 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 in section 3077 of title 18, to an employee or agent of the De-
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partment, the Department of Justice, a Federal, State, or local law enforce-
ment officer, or an airport or airline security officer shall not be civilly liable 
to any person under a law or regulation of the United States, or a constitu-
tion, law, or regulation of a State or political subdivision of a State, for the 
disclosure. 
(b) APPLICATION.—Subsection (a) does not apply to— 
(1) a disclosure made with actual knowledge that the disclosure was 
false, inaccurate, or misleading; or 
(2) a disclosure made with reckless disregard as to the truth or fal-
sity of that disclosure. 
§ 40960. Performance goals and objectives 
(a) LONG-TERM RESULTS-BASED MANAGEMENT.—Each year, consistent 
with the requirements of the Government Performance and Results Act of 
1993 (in this section referred to as ‘‘GPRA’’) (Public Law 103–62, 107 
Stat. 285), the Secretary and the Administrator shall agree on a perform-
ance plan for the succeeding 5 years that establishes measurable goals and 
objectives for aviation security. The plan shall identify action steps nec-
essary to achieve the goals. 
(b) CLARIFICATION OF RESPONSIBILITIES.—In addition to meeting the 
requirements of GPRA, the performance plan should clarify the responsibil-
ities of the Secretary, the Administrator, and any other agency or organiza-
tion that may have a role in ensuring the safety and security of the civil 
air transportation system. 
(c) ANNUAL PERFORMANCE REPORT.—Each year, consistent with the re-
quirements of GPRA, the Administrator shall prepare and submit to Con-
gress an annual report, including an evaluation of the extent to which goals 
and objectives were met. The report shall include the results achieved during 
the year relative to the goals established in the performance plan. 
§ 40961. Aviation Security Advisory Committee 
(a) DEFINITIONS.—In this section: 
(1) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’ means 
the aviation security advisory committee established under subsection 
(b). 
(2) PERIMETER SECURITY.—The term ‘‘perimeter security’’— 
(A) means procedures or systems to monitor, secure, and pre-
vent unauthorized access to an airport, including its airfield and 
terminal; and 
(B) includes the fence area surrounding an airport, access 
gates, and access controls. 
(b) ESTABLISHMENT.—The Administrator shall establish in the Trans-
portation Security Administration an aviation security advisory committee. 
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