49 Usc 44917

From the U.S. Code Online via GPO Access

[wais.access.gpo.gov]

[Laws in effect as of January 7, 2003]

[Document not affected by Public Laws enacted between

January 7, 2003 and December 19, 2003]

[CITE: 49USC44917]

TITLE 49--TRANSPORTATION

SUBTITLE VII--AVIATION PROGRAMS

PART A--AIR COMMERCE AND SAFETY

subpart iii--safety

CHAPTER 449--SECURITY

SUBCHAPTER I--REQUIREMENTS

Sec. 44917. Deployment of Federal air marshals

(a) In General.--The Under Secretary of Transportation for Security

under the authority provided by section 44903(d)--

(1) may provide for deployment of Federal air marshals on every

passenger flight of air carriers in air transportation or intrastate

air transportation;

(2) shall provide for deployment of Federal air marshals on

every such flight determined by the Secretary to present high

security risks;

(3) shall provide for appropriate training, supervision, and

equipment of Federal air marshals;

(4) shall require air carriers providing flights described in

paragraph (1) to provide seating for a Federal air marshal on any

such flight without regard to the availability of seats on the

flight and at no cost to the United States Government or the

marshal;

(5) may require air carriers to provide, on a space-available

basis, to an off-duty Federal air marshal a seat on a flight to the

airport nearest the marshal's home at no cost to the marshal or the

United States Government if the marshal is traveling to that airport

after completing his or her security duties;

(6) may enter into agreements with Federal, State, and local

agencies under which appropriately-trained law enforcement personnel

from such agencies, when traveling on a flight of an air carrier,

will carry a firearm and be prepared to assist Federal air marshals;

(7) shall establish procedures to ensure that Federal air

marshals are made aware of any armed or unarmed law enforcement

personnel on board an aircraft; and

(8) may appoint--

(A) an individual who is a retired law enforcement officer;

(B) an individual who is a retired member of the Armed

Forces; and

(C) an individual who has been furloughed from an air

carrier crew position in the 1-year period beginning on

September 11, 2001,

as a Federal air marshal, regardless of age, if the individual

otherwise meets the background and fitness qualifications required

for Federal air marshals.

(b) Long Distance Flights.--In making the determination under

subsection (a)(2), nonstop, long distance flights, such as those

targeted on September 11, 2001, should be a priority.

(c) Interim Measures.--Until the Under Secretary completes

implementation of subsection (a), the Under Secretary may use, after

consultation with and concurrence of the heads of other Federal agencies

and departments, personnel from those agencies and departments, on a

nonreimbursable basis, to provide air marshal service.

(Added Pub. L. 107-71, title I, Sec. 105(a), Nov. 19, 2001, 115 Stat.

606.)

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the

Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security, and

for treatment of related references, see sections 203(2), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as modified,

set out as a note under section 542 of Title 6.