49 U.S.C. § 44921 — Federal flight deck officer program

Page 1493 TITLE 49—TRANSPORTATION § 44921 1 See References in Text note below. spectively, of par. (1), realigned margins, and added par. (2). Subsec. (h). Pub. L. 112–95, § 830(c), added subsec. (h). 2005—Subsec. (g). Pub. L. 109–90 added subsec. (g). Statutory Notes and Related Subsidiaries APPLICATIONS SUBMITTED BEFORE THE DATE OF ENACTMENT OF PUB. L. 115–254 Pub. L. 115–254, div. K, title I, § 1946(c), Oct. 5, 2018, 132 Stat. 3587, provided that: ‘‘Not later than 30 days after the date of enactment of this Act [Oct. 5, 2018], the Ad- ministrator [of the Transportation Security Adminis- tration] shall approve or deny, in accordance with sec- tion 44920(b) of title 49, United States Code, as amended by this Act, each application submitted before the date of enactment of this Act, by an airport operator under subsection (a) of that section, that is awaiting such a determination.’’ Executive Documents CHANGE OF NAME Defense Security Service of the Department of De- fense changed to Defense Counterintelligence and Secu- rity Agency effective June 20, 2019, pursuant to Ex. Ord. No. 13467, set out as a note under section 3161 of Title 50, War and National Defense. § 44921. Federal flight deck officer program (a) ESTABLISHMENT.—The Administrator shall establish a program to deputize volunteer pilots of air carriers providing air transportation or intrastate air transportation as Federal law en- forcement officers to defend the flight decks of aircraft of such air carriers against acts of criminal violence or air piracy. Such officers shall be known as ‘‘Federal flight deck officers’’. (b) PROCEDURAL REQUIREMENTS.— (1) IN GENERAL.—The Administrator shall es- tablish procedural requirements to carry out the program under this section. (2) COMMENCEMENT OF PROGRAM.—The Ad- ministrator shall train and deputize pilots who are qualified to be Federal flight deck officers as Federal flight deck officers under the pro- gram. (3) ISSUES TO BE ADDRESSED.—The procedural requirements established under paragraph (1) shall address the following issues: (A) The type of firearm to be used by a Federal flight deck officer. (B) The type of ammunition to be used by a Federal flight deck officer. (C) The standards and training needed to qualify and requalify as a Federal flight deck officer. (D) The placement of the firearm of a Fed- eral flight deck officer on board the aircraft to ensure both its security and its ease of re- trieval in an emergency. (E) An analysis of the risk of catastrophic failure of an aircraft as a result of the dis- charge (including an accidental discharge) of a firearm to be used in the program into the avionics, electrical systems, or other sen- sitive areas of the aircraft. (F) The division of responsibility between pilots in the event of an act of criminal vio- lence or air piracy if only 1 pilot is a Federal flight deck officer and if both pilots are Fed- eral flight deck officers. (G) Procedures for ensuring that the fire- arm of a Federal flight deck officer does not leave the cockpit if there is a disturbance in the passenger cabin of the aircraft or if the pilot leaves the cockpit for personal reasons. (H) Interaction between a Federal flight deck officer and a Federal air marshal on board the aircraft. (I) The process for selection of pilots to participate in the program based on their fitness to participate in the program, includ- ing whether an additional background check should be required beyond that required by section 44936(a)(1). (J) Storage and transportation of firearms between flights, including international flights, to ensure the security of the fire- arms, focusing particularly on whether such security would be enhanced by requiring storage of the firearm at the airport when the pilot leaves the airport to remain over- night away from the pilot’s base airport. (K) Methods for ensuring that security per- sonnel will be able to identify whether a pilot is authorized to carry a firearm under the program. (L) Methods for ensuring that pilots (in- cluding Federal flight deck officers) will be able to identify whether a passenger is a law enforcement officer who is authorized to carry a firearm aboard the aircraft. (M) Any other issues that the Adminis- trator considers necessary. (N) The Administrator’s decisions regard- ing the methods for implementing each of the foregoing procedural requirements shall be subject to review only for abuse of discre- tion. (4) PREFERENCE.—In selecting pilots to par- ticipate in the program, the Administrator shall give preference to pilots who are former military or law enforcement personnel. (5) CLASSIFIED INFORMATION.—Notwith- standing section 552 of title 5 but subject to section 40119 1 of this title, information devel- oped under paragraph (3)(E) shall not be dis- closed. (6) NOTICE TO CONGRESS.—The Administrator shall provide notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate after completing the analysis re- quired by paragraph (3)(E). (7) MINIMIZATION OF RISK.—If the Adminis- trator determines as a result of the analysis under paragraph (3)(E) that there is a signifi- cant risk of the catastrophic failure of an air- craft as a result of the discharge of a firearm, the Administrator shall take such actions as may be necessary to minimize that risk. (c) TRAINING, SUPERVISION, AND EQUIPMENT.— (1) IN GENERAL.—The Administrator shall only be obligated to provide the training, su- pervision, and equipment necessary for a pilot to be a Federal flight deck officer under this section at no expense to the pilot or the air carrier employing the pilot. (2) TRAINING.— (A) IN GENERAL.—The Administrator shall base the requirements for the training of Page 1494 TITLE 49—TRANSPORTATION § 44921 2 So in original. Federal flight deck officers under subsection (b) on the training standards applicable to Federal air marshals; except that the Ad- ministrator shall take into account the dif- fering roles and responsibilities of Federal flight deck officers and Federal air mar- shals. (B) ELEMENTS.—The training of a Federal flight deck officer shall include, at a min- imum, the following elements: (i) Training to ensure that the officer achieves the level of proficiency with a firearm required under subparagraph (C)(i). (ii) Training to ensure that the officer maintains exclusive control over the offi- cer’s firearm at all times, including train- ing in defensive maneuvers. (iii) Training to assist the officer in de- termining when it is appropriate to use the officer’s firearm and when it is appropriate to use less than lethal force. (C) TRAINING IN USE OF FIREARMS.— (i) STANDARD.—In order to be deputized as a Federal flight deck officer, a pilot must achieve a level of proficiency with a firearm that is required by the Adminis- trator. Such level shall be comparable to the level of proficiency required of Federal air marshals. (ii) CONDUCT OF TRAINING.— (I) IN GENERAL.—The training of a Fed- eral flight deck officer in the use of a firearm may be conducted by the Admin- istrator or by a firearms training facil- ity. (II) ACCESS TO TRAINING FACILITIES.— The Administrator shall designate addi- tional firearms training facilities lo- cated in various regions of the United States for Federal flight deck officers for recurrent and requalifying training rel- ative to the number of such facilities available on the day before such 2 date of enactment. (iii) REQUALIFICATION.— (I) IN GENERAL.—The Administrator shall require a Federal flight deck officer to requalify to carry a firearm under the program. Such requalification shall occur at an interval required by the Ad- ministrator. (II) USE OF FACILITIES FOR REQUALIFICA- TION.—The Administrator shall allow a Federal flight deck officer to requalify to carry a firearm under the program through training at a Transportation Se- curity Administration-approved firearms training facility utilizing a Transpor- tation Security Administration-ap- proved contractor and a curriculum de- veloped and approved by the Transpor- tation Security Administration. (iv) PERIODIC REVIEW.—The Adminis- trator shall periodically review requali- fication training intervals and assess whether it is appropriate and sufficient to adjust the time between each requalifica- tion training to facilitate continued par- ticipation in the program under this sec- tion while still maintaining effectiveness of the training, and update the training re- quirements as appropriate. (D) TRAINING REVIEW.—Not later than 2 years after the date of enactment of the TSA Modernization Act, and biennially there- after, the Administrator shall review train- ing facilities and training requirements for initial and recurrent training for Federal flight deck officers and evaluate how train- ing requirements, including the length of training, could be streamlined while main- taining the effectiveness of the training, and update the training requirements as appro- priate. (d) DEPUTIZATION.— (1) IN GENERAL.—The Administrator may deputize, as a Federal flight deck officer under this section, a pilot who submits to the Ad- ministrator a request to be such an officer and whom the Administrator determines is quali- fied to be such an officer. (2) QUALIFICATION.— (A) IN GENERAL.—A pilot is qualified to be a Federal flight deck officer under this sec- tion if— (i) the pilot is employed by an air car- rier; (ii) the Administrator determines (in the Administrator’s discretion) that the pilot meets the standards established by the Ad- ministrator for being such an officer; and (iii) the Administrator determines that the pilot has completed the training re- quired by the Administrator. (B) CONSISTENCY WITH REQUIREMENTS FOR CERTAIN MEDICAL CERTIFICATES.—In estab- lishing standards under subparagraph (A)(ii), the Administrator may not establish med- ical or physical standards for a pilot to be- come a Federal flight deck officer that are inconsistent with or more stringent than the requirements of the Federal Aviation Ad- ministration for the issuance of the required airman medical certificate under part 67 of title 14, Code of Federal Regulations (or any corresponding similar regulation or ruling). (3) DEPUTIZATION BY OTHER FEDERAL AGEN- CIES.—The Administrator may request another Federal agency to deputize, as Federal flight deck officers under this section, those pilots that the Administrator determines are quali- fied to be such officers. (4) REVOCATION.—The Administrator may (in the Administrator’s discretion) revoke the deputization of a pilot as a Federal flight deck officer if the Administrator finds that the pilot is no longer qualified to be such an offi- cer. (5) TRANSFER FROM INACTIVE TO ACTIVE STA- TUS.—In accordance with any applicable Transportation Security Administration ap- peals processes, a pilot deputized as a Federal flight deck officer who moves to inactive sta- tus may return to active status upon success- ful completion of a recurrent training program administered within program guidelines. Page 1495 TITLE 49—TRANSPORTATION § 44921 (e) COMPENSATION.— (1) IN GENERAL.—Pilots participating in the program under this section shall not be eligi- ble for compensation from the Federal Govern- ment for services provided as a Federal flight deck officer. The Federal Government and air carriers shall not be obligated to compensate a pilot for participating in the program or for the pilot’s training or qualification and re- qualification to carry firearms under the pro- gram. (2) FACILITATION OF TRAINING.—An air carrier shall permit a pilot seeking to be deputized as a Federal flight deck officer or a Federal flight deck officer to take a reasonable amount of leave to participate in initial, re- current, or requalification training, as appli- cable, for the program. Leave required under this paragraph may be provided without com- pensation. (f) AUTHORITY TO CARRY FIREARMS.— (1) IN GENERAL.—The Administrator shall au- thorize a Federal flight deck officer to carry a firearm while engaged in providing air trans- portation or intrastate air transportation. Notwithstanding subsection (c)(1), the officer may purchase a firearm and carry that fire- arm aboard an aircraft of which the officer is the pilot in accordance with this section if the firearm is of a type that may be used under the program. (2) PREEMPTION.—Notwithstanding any other provision of Federal or State law, a Federal flight deck officer, whenever necessary to par- ticipate in the program, may carry a firearm in any State and from 1 State to another State. (3) CARRYING FIREARMS OUTSIDE UNITED STATES.—In consultation with the Secretary of State, the Administrator may take such ac- tion as may be necessary to ensure that a Fed- eral flight deck officer may carry a firearm in a foreign country whenever necessary to par- ticipate in the program. (4) CONSISTENCY WITH FEDERAL AIR MARSHAL PROGRAM.—The Administrator shall har- monize, to the extent practicable and in a manner that does not jeopardize existing Fed- eral air marshal agreements, the policies re- lating to the carriage of firearms on inter- national flights by Federal flight deck officers with the policies of the Federal air marshal program for carrying firearms on such flights and carrying out the duties of a Federal flight deck officer, notwithstanding Annex 17 of the International Civil Aviation Organization. (g) AUTHORITY TO USE FORCE.—Notwith- standing section 44903(d), the Administrator shall prescribe the standards and circumstances under which a Federal flight deck officer may use, while the program under this section is in effect, force (including lethal force) against an individual in the defense of the flight deck of an aircraft in air transportation or intrastate air transportation. (h) LIMITATION ON LIABILITY.— (1) LIABILITY OF AIR CARRIERS.—An air car- rier shall not be liable for damages in any ac- tion brought in a Federal or State court aris- ing out of a Federal flight deck officer’s use of or failure to use a firearm. (2) LIABILITY OF FEDERAL FLIGHT DECK OFFI- CERS.—A Federal flight deck officer shall not be liable for damages in any action brought in a Federal or State court arising out of the acts or omissions of the officer in defending the flight deck of an aircraft against acts of crimi- nal violence or air piracy unless the officer is guilty of gross negligence or willful mis- conduct. (3) LIABILITY OF FEDERAL GOVERNMENT.—For purposes of an action against the United States with respect to an act or omission of a Federal flight deck officer in defending the flight deck of an aircraft, the officer shall be treated as an employee of the Federal Govern- ment under chapter 171 of title 28, relating to tort claims procedure. (i) PROCEDURES FOLLOWING ACCIDENTAL DIS- CHARGES.—If an accidental discharge of a fire- arm under the pilot program results in the in- jury or death of a passenger or crew member on an aircraft, the Administrator— (1) shall revoke the deputization of the Fed- eral flight deck officer responsible for that firearm if the Administrator determines that the discharge was attributable to the neg- ligence of the officer; and (2) if the Administrator determines that a shortcoming in standards, training, or proce- dures was responsible for the accidental dis- charge, may temporarily suspend the program until the shortcoming is corrected. (j) LIMITATION ON AUTHORITY OF AIR CAR- RIERS.—No air carrier shall prohibit or threaten any retaliatory action against a pilot employed by the air carrier from becoming a Federal flight deck officer under this section. No air car- rier shall— (1) prohibit a Federal flight deck officer from piloting an aircraft operated by the air carrier; or (2) terminate the employment of a Federal flight deck officer, solely on the basis of his or her volunteering for or participating in the program under this section. (k) APPLICABILITY.—This section shall not apply to air carriers operating under part 135 of title 14, Code of Federal Regulations, and to pi- lots employed by such carriers to the extent that such carriers and pilots are covered by sec- tion 135.119 of such title or any successor to such section. (l) DEFINITIONS.—In this section: (1) ADMINISTRATOR.—The term ‘‘Adminis- trator’’ means the Administrator of the Trans- portation Security Administration. (2) AIR TRANSPORTATION.—The term ‘‘air transportation’’ includes all-cargo air trans- portation. (3) FIREARMS TRAINING FACILITY.—The term ‘‘firearms training facility’’ means a private or government-owned gun range approved by the Administrator to provide recurrent or re- qualification training, as applicable, for the program, utilizing a Transportation Security Administration-approved contractor and a curriculum developed and approved by the Transportation Security Administration. (4) PILOT.—The term ‘‘pilot’’ means an indi- vidual who has final authority and responsi- Page 1496 TITLE 49—TRANSPORTATION § 44922 bility for the operation and safety of the flight or any other flight deck crew member. (Added Pub. L. 107–296, title XIV, § 1402(a), Nov. 25, 2002, 116 Stat. 2300; amended Pub. L. 108–176, title VI, § 609(b), Dec. 12, 2003, 117 Stat. 2570; Pub. L. 115–254, div. K, title I, § 1963(a)–(h), Oct. 5, 2018, 132 Stat. 3601–3603.) Editorial Notes REFERENCES IN TEXT Section 40119 of this title, referred to in subsec. (b)(5), was repealed by Pub. L. 115–254, div. K, title I, § 1991(c)(3), Oct. 5, 2018, 132 Stat. 3627. The date of enactment of the TSA Modernization Act, referred to in subsec. (c)(2)(D), is the date of enactment of title I of div. K of Pub. L. 115–254, which was ap- proved Oct. 5, 2018. AMENDMENTS 2018—Pub. L. 115–254, § 1963(h)(7), substituted ‘‘Admin- istrator’’ for ‘‘Under Secretary’’ wherever appearing. Subsec. (a). Pub. L. 115–254, § 1963(h)(1), substituted ‘‘Administrator’’ for ‘‘Under Secretary of Transpor- tation for Security’’. Subsec. (b)(1). Pub. L. 115–254, § 1963(h)(2)(A), sub- stituted ‘‘The Administrator’’ for ‘‘Not later than 3 months after the date of enactment of this section, the Under Secretary’’. Subsec. (b)(2). Pub. L. 115–254, § 1963(h)(2)(B), sub- stituted ‘‘The Administrator shall train and deputize’’ for ‘‘Beginning 3 months after the date of enactment of this section, the Under Secretary shall begin the proc- ess of training and deputizing’’. Subsec. (b)(3)(N). Pub. L. 115–254, § 1963(h)(2)(C), sub- stituted ‘‘Administrator’s’’ for ‘‘Under Secretary’s’’. Subsec. (c)(2)(C)(ii). Pub. L. 115–254, § 1963(a), des- ignated existing provisions as subcl. (I), inserted head- ing, struck out ‘‘approved by the Under Secretary’’ after ‘‘facility’’, and added subcl. (II). Subsec. (c)(2)(C)(iii). Pub. L. 115–254, § 1963(b)(1), des- ignated existing provisions as subcl. (I), inserted head- ing, substituted ‘‘The Administrator shall’’ for ‘‘The Under Secretary shall’’ and ‘‘the Administrator’’ for ‘‘the Under Secretary’’, and added subcl. (II). Subsec. (c)(2)(C)(iv). Pub. L. 115–254, § 1963(b)(2), added cl. (iv). Subsec. (c)(2)(D). Pub. L. 115–254, § 1963(c), added sub- par. (D). Subsec. (d)(2). Pub. L. 115–254, § 1963(f), designated ex- isting provisions as subpar. (A), inserted heading, re- designated former subpars. (A) to (C) as cls. (i) to (iii), respectively, of subpar. (A), substituted ‘‘Administra- tor’s’’ for ‘‘Under Secretary’s’’ in subpar. (A)(ii), and added subpar. (B). Subsec. (d)(4). Pub. L. 115–254, § 1963(h)(3), substituted ‘‘may’’ for ‘‘may,’’ and ‘‘Administrator’s’’ for ‘‘Under Secretary’s’’. Subsec. (d)(5). Pub. L. 115–254, § 1963(g), added par. (5). Subsec. (e). Pub. L. 115–254, § 1963(d), designated exist- ing provisions as par. (1), inserted heading, and added par. (2). Subsec. (f)(1), (3). Pub. L. 115–254, § 1963(e)(1), sub- stituted ‘‘Administrator’’ for ‘‘Under Secretary’’. Subsec. (f)(4). Pub. L. 115–254, § 1963(e)(2), added par. (4). Subsec. (i)(2). Pub. L. 115–254, § 1963(h)(4), substituted ‘‘may’’ for ‘‘the Under Secretary may’’. Subsec. (k). Pub. L. 115–254, § 1963(h)(5), struck out par. (1) designation and heading before ‘‘This section’’ and struck out pars. (2) and (3) which defined ‘‘pilot’’ and defined ‘‘air transportation’’ to include all-cargo air transportation. Subsec. (l). Pub. L. 115–254, § 1963(h)(6), added subsec. (l). 2003—Subsec. (a). Pub. L. 108–176, § 609(b)(1), struck out ‘‘passenger’’ before ‘‘air transportation’’ in two places. Subsec. (k)(2). Pub. L. 108–176, § 609(b)(2), substituted ‘‘or any other flight deck crew member’’ for ‘‘or, if more than 1 pilot is required for the operation of the aircraft or by the regulations under which the flight is being conducted, the individual designated as second in command’’. Subsec. (k)(3). Pub. L. 108–176, § 609(b)(3), added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–176 applicable only to fis- cal years beginning after Sept. 30, 2003, except as other- wise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title. EFFECTIVE DATE Section effective 60 days after Nov. 25, 2002, see sec- tion 4 of Pub. L. 107–296, set out as a note under section 101 of Title 6, Domestic Security. REGULATIONS Pub. L. 115–254, div. K, title I, § 1963(i), Oct. 5, 2018, 132 Stat. 3604, provided that: ‘‘Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018]— ‘‘(1) the Secretary of Transportation shall revise section 15.5(b)(11) of title 49, Code of Federal Regula- tions, to classify information about pilots deputized as Federal flight deck officers under section 44921 of title 49, United States Code, as sensitive security in- formation in a manner consistent with the classifica- tion of information about Federal air marshals; and ‘‘(2) the Administrator [of the Transportation Secu- rity Administration] shall revise section 1520.5(b)(11) of title 49, Code of Federal Regulations, to classify in- formation about pilots deputized as Federal flight deck officers under section 44921 of title 49, United States Code, as sensitive security information in a manner consistent with the classification of informa- tion about Federal air marshals.’’ Pub. L. 115–254, div. K, title I, § 1963(j), Oct. 5, 2018, 132 Stat. 3604, provided that: ‘‘Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Ad- ministrator [of the Transportation Security Adminis- tration] shall prescribe such regulations as may be nec- essary to carry out this section [amending this section and enacting provisions set out as a note under this section] and the amendments made by this section.’’ EQUITABLE IMPLEMENTATION OF 2003 AMENDMENTS Pub. L. 108–176, title VI, § 609(c), Dec. 12, 2003, 117 Stat. 2570, provided that: ‘‘In carrying out the amendments made by subsection (d) [probably means subsec. (b), which amended this section], the Under Secretary for Border and Transportation Security of the Department of Homeland Security shall ensure that passenger and cargo pilots are treated equitably in receiving access to training as Federal flight deck officers.’’ TIME FOR IMPLEMENTATION Pub. L. 108–176, title VI, § 609(d), Dec. 12, 2003, 117 Stat. 2570, provided that: ‘‘The requirements of subsection (e) [section 609 of Pub. L. 108–176 has no subsec. (e)] shall have no effect on the deadlines for implementation con- tained in section 44921 of title 49, United States Code, as in effect on the day before the date of enactment of this Act [Dec. 12, 2003].’’ § 44922. Deputization of State and local law en- forcement officers (a) DEPUTIZATION AUTHORITY.—The Adminis- trator of the Transportation Security Adminis- tration may deputize a State or local law en- forcement officer to carry out Federal airport security duties under this chapter. (b) FULFILLMENT OF REQUIREMENTS.—A State or local law enforcement officer who is depu-