PUBLIC LAW 107-71—NOV. 19, 2001 115 STAT. 625 SEC. 118. SECURITY SERVICE FEE. (a) IN GENERAL. —Subchapter II of chapter 449 is amended by adding at the end the following: "§ 44940. Security service fee 49 USC 44940 " (a) GENERAL AUTHORITY.— "(1) PASSENGER FEES. —The Under Secretary of Transportation for Security 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). The amount of such costs shall be determined by the Under Secretary and shall not be subject to judicial review. "(2) AIR CARRIER FEES.— "(A) AUTHORITY.—In addition to the fee imposed pursuant to paragraph (1), and only to the extent that the Under Secretary estimates that such fee will be insufficient to pay for the costs of providing civil aviation security services described in paragraph (1), the Under Secretary may impose a fee on air carriers and foreign air carriers engaged in air transportation and intrastate air transportation to pay for the difference between any such costs and the amount collected from such fee, as estimated by the Under Secretary at the beginning of each fiscal year. The estimates of the Under Secretary under this subparagraph are not subject to judicial review. " (B) LIMITATIONS.— "(i) OVERALL LIMIT.— The amounts of fees collected under this paragraph for each fiscal year may not exceed, in the aggregate, the amounts paid in calendar year 2000 by carriers described in subparagraph (A) for screening passengers and property, as determined by the Under Secretary. "(ii) PER-CARRIER LIMIT. —The amount of fees collected under this paragraph from an air carrier described in subparagraph (A) for each of fiscal years 2002, 2003, and 2004 may not exceed the amount paid in calendar year 2000 by that carrier for screening
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