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vided by the waiver policy applied by the Secretary as of the date of enactment of this Act.
(c) FUNDING LIMITATION.—Unless and until the Secretary promulgates a rule in accordance with subsection (b) above, none of the funds made available in this Act or any other Act may be used to terminate or limit the restrictions described in paragraph (a)(1) above or to grant waivers of, or exemptions from, such restrictions except as provided in paragraph (a)(3) above.
(d) BROADCAST CONTRACTS NOT AFFECTED. Nothing in this section shall be construed to affect contractual rights pertaining to any broadcasting agreement.
SEC. 367. LETTERS OF INTENT FOR AIRPORT SECURITY IMPROVEMENT PROJECTS.—a) The Under Secretary of Transportation for Security may issue a letter of intent to an airport 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) at the airport. The letter shall establish a schedule under which the Under Secretary will reimburse the airport for the Government's share of the project's costs, as amounts become available, if the airport, after the Under Secretary issues the letter, carries out the project without receiving amounts under Chapter 471 of title 49.
(b) The airport shall notify the Under Secretary of the airport's intent to carry out the airport security improvement project before the project begins. (c) A letter of intent may be issued under this section only if
(1) The airport security improvement project to which the letter applies involves the replacement of baggage conveyer systems or the reconfiguration of terminal baggage areas in order to install explosive detection systems; and
(2) The Under Secretary determines that the project will improve security or will improve the efficiency of the airport without lessening security.
(d) A letter of intent issued under this section 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.
(e) The Government's share of the project's cost shall be 75 percent for a project at an airport having at least 0.25 percent of the total number of passenger boardings each year at all airports and 90 percent for a project at any other airport.
(f) Nothing in this section shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this section in the same fiscal year as the letter of intent is issued.
(g) The Under Secretary shall notify the House and Senate Committees on Appropriations, the House Transportation and Infrastructure Committee, and the Senate Commerce, Science, and Transportation Committee at least 3 days prior to the issuance of a letter of intent under this section.
(h) There is authorized to be appropriated to carry out this section $500,000,000 in each of fiscal years 2003, 2004, 2005, 2006, and 2007.
SELECTED PROVISIONS OF THE HOMELAND SECURITY
ACT OF 2002
Public Law 107–296; 116 Stat. 2185
AN ACT To establish the Department of Homeland Security, and for other purposes.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(5) The term “Department” means the Department of Homeland Security.
(13) The term “Secretary” means the Secretary of Homeland Security.
SEC. 423. [6 U.S.C. 233] FUNCTIONS OF TRANSPORTATION SECURITY
ADMINISTRATION. (a) CONSULTATION WITH FEDERAL AVIATION ADMINISTRATION.The Secretary and other officials in the Department shall consult with the Administrator of the Federal Aviation Administration before taking any action that might affect aviation safety, air carrier operations, aircraft airworthiness, or the use of airspace. The Secretary shall establish a liaison office within the Department for the purpose of consulting with the Administrator of the Federal Aviation Administration.
(b) REPORT TO CONGRESS.-Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall transmit to Congress a report containing a plan for complying with the requirements of section 44901(d) of title 49, United States Code, as amended by section 425 of this Act.
(c) LIMITATIONS ON STATUTORY CONSTRUCTION.—
(1) GRANT OF AUTHORITY.—Nothing in this Act may be construed to vest in the Secretary or any other official in the Department any authority over transportation security that is not vested in the Under Secretary of Transportation for Security, or in the Secretary of Transportation under chapter 449 of title 49, United States Code, on the day before the date of enactment of this Act.
(2) OBLIGATION OF AIP FUNDS.—Nothing in this Act may be construed to authorize the Secretary or any other official in the Department to obligate amounts made available under section
48103 of title 49, United States Code. SEC. 424. [6 U.S.C. 233] PRESERVATION OF TRANSPORTATION SECU.
RITY ADMINISTRATION AS A DISTINCT ENTITY. (a) IN GENERAL.-Notwithstanding any other provision of this Act, and subject to subsection (b), the Transportation Security Administration shall be maintained as a distinct entity within the Department under the Under Secretary for Border Transportation and Security.
(b) SUNSET.-- Subsection (a) shall cease to apply 2 years after the date of enactment of this Act.
SEC. 1511. [6 U.S.C. 551) TRANSITIONAL AUTHORITIES. (a)
(e) PROHIBITION ON USE OF TRANSPORTATION TRUST FUNDS.
(1) IN GENERAL.-Notwithstanding any other provision of this Act, no funds derived from the Highway Trust Fund, Airport and Airway Trust Fund, Inland Waterway Trust Fund, or Harbor Maintenance Trust Fund, may be transferred to, made available to, or obligated by the Secretary or any other official in the Department.
(2) LIMITATION.—This subsection shall not apply to security-related funds provided to the Federal Aviation Administration for fiscal years preceding fiscal year 2003 for (A) operations, (B) facilities and equipment, or (C) research, engineering, and development.