49 U.S.C. § 44923 : US Code - Section 44923: Airport security improvement projects

Search 49 U.S.C. § 44923 : US Code - Section 44923: Airport security improvement projects

(a) Grant Authority. - Subject to the requirements of this
section, the Under Secretary for Border and Transportation Security
of the Department of Homeland Security may make grants to airport
sponsors -
(1) for projects to replace baggage conveyer systems related to
aviation security;
(2) for projects to reconfigure terminal baggage areas as
needed to install explosive detection systems;
(3) for projects to enable the Under Secretary to deploy
explosive detection systems behind the ticket counter, in the
baggage sorting area, or in line with the baggage handling
system; and
(4) for other airport security capital improvement projects.
(b) Applications. - A sponsor seeking a grant under this section
shall submit to the Under Secretary an application in such form and
containing such information as the Under Secretary prescribes.
(c) Approval. - The Under Secretary, after consultation with the
Secretary of Transportation, may approve an application of a
sponsor for a grant under this section only if the Under Secretary
determines that the project will improve security at an airport or
improve the efficiency of the airport without lessening security.
(d) Letters of Intent. -
(1) Issuance. - The Under Secretary may issue a letter of
intent to a sponsor committing to obligate from future budget
authority an amount, not more than the Federal Government's share
of the project's cost, for an airport 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 Under Secretary will
reimburse the sponsor for the Government's share of the project's
costs, as amounts become available, if the sponsor, after the
Under Secretary issues the letter, carries out the project
without receiving amounts under this section.
(3) Notice to under secretary. - A sponsor that has been issued
a letter of intent under this subsection shall notify the Under
Secretary of the sponsor's intent to carry out a project before
the project begins.
(4) Notice to congress. - The Under Secretary shall transmit to
the Committees on Appropriations and Transportation and
Infrastructure of the House of Representatives and the Committees
on Appropriations and Commerce, Science 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
administrative commitment for financing. An obligation or
administrative commitment may be made only as amounts are
provided in authorization and appropriations laws.
(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 fiscal year as
the letter of intent is issued.
(e) Federal Share. -
(1) In general. - 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.
(2) Existing letters of intent. - The Under Secretary 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.
(f) Sponsor Defined. - In this section, the term "sponsor" has
the meaning given that term in section 47102.
(g) Applicability of Certain Requirements. - 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 fiscal years 2004 through
2007 shall be available to be deposited in the Fund. The Under
Secretary 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 deposit into the Fund. Amounts in the Fund shall be
available to the Under Secretary to make grants under this
section.
(2) Allocations. - Of the amount made available under paragraph
(1) for a fiscal year, $125,000,000 shall be allocated in such a
manner that -
(A) 40 percent shall be made available for large hub
airports;
(B) 20 percent shall be made available for medium hub
airports;
(C) 15 percent shall be made available for small hub airports
and nonhub airports; and
(D) 25 percent shall be distributed by the Secretary to any
airport on the basis of aviation security risks.
(3) Discretionary grants. - Of the amount made available under
paragraph (1) for a fiscal year, $125,000,000 shall be used to
make discretionary grants, with priority given to fulfilling
intentions to obligate under letters of intent issued under
subsection (d).
(i) Authorization of Appropriations. -
(1) In general. - In addition to amounts made available under
subsection (h), there is authorized to be appropriated to carry
out this section $400,000,000 for each of fiscal years 2005,
2006, and 2007. Such sums shall remain available until expended.
(2) Allocations. - 50 percent of amounts appropriated pursuant
to this subsection for a fiscal year shall be used for making
allocations under subsection (h)(2) and 50 percent of such
amounts shall be used for making discretionary grants under
subsection (h)(3).