PUBLIC LAW 109–90—OCT. 18, 2005
119 STAT. 2089
in the Federal Register, and may modify the fee from time to time by notice in the Federal Register: Provided, That such fees shall not exceed the aggregate costs associated with the program and shall be credited to the Transportation Security Administration registered traveler fee account, to be available until expended. SEC. 541. A person who has completed a security awareness training course approved by or operated under a cooperative agreement with the Department of Homeland Security using funds made available in fiscal year 2006 and thereafter or in any prior appropriations Acts, who is enrolled in a program recognized or acknowledged by an Information Sharing and Analysis Center, and who reports a situation, activity or incident pursuant to that program to an appropriate authority, shall not be liable for damages in any action brought in a Federal or State court which result from any act or omission unless such person is guilty of gross negligence or willful misconduct. SEC. 542. Of the unobligated balances available in the ‘‘Department of Homeland Security Working Capital Fund’’, $15,000,000 are rescinded. SEC. 543. Of the unobligated balances from prior year appropriations made available for Transportation Security Administration ‘‘Aviation Security’’, $5,500,000 are rescinded. SEC. 544. Of funds made available for the United States Coast Guard in previous appropriations Acts, $6,369,118 are rescinded, as follows: (1) $499,489 provided for ‘‘Coast Guard, Acquisition, Construction, and Improvements’’ in Public Law 105–277; (2) $87,097 provided for ‘‘Coast Guard, Operating Expenses’’ in Public Law 105–277; (3) $269,217 provided for ‘‘Coast Guard, Acquisition, Construction, and Improvements’’ in Public Law 107–87; (4) $8,315 provided for ‘‘Coast Guard, Acquisition, Construction, and Improvements’’ in Public Law 106–69; and (5) $5,505,000 for ‘‘Coast Guard, Acquisition, Construction, and Improvements’’ in Public Law 108– 90. SEC. 545. Of the unobligated balances from prior year appropriations made available for the ‘‘Counterterrorism Fund’’, $8,000,000 are rescinded. SEC. 546. Of the unobligated balances from prior year appropriations made available for Science and Technology ‘‘Research, Development, Acquisition, and Operations’’, $20,000,000 are rescinded. SEC. 547. SECURITY SCREENING OPT-OUT PROGRAM. Section 44920 of title 49, United States Code, is amended by adding at the end the following: ‘‘(g) OPERATOR OF AIRPORT.—Notwithstanding any other provision of law, an operator of an airport shall not be liable for any claims for damages filed in State or Federal court (including a claim for compensatory, punitive, contributory, or indemnity damages) relating to— ‘‘(1) such airport operator’s decision to submit an application to the Secretary of Homeland Security under subsection (a) or section 44919 or such airport operator’s decision not to submit an application; and ‘‘(2) any act of negligence, gross negligence, or intentional wrongdoing by— ‘‘(A) a qualified private screening company or any of its employees in any case in which the qualified private screening company is acting under a contract entered into
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