Deputation of State and local LEOS

§ 44922

TITLE 49—TRANSPORTATION

(2) PILOT DEFINED.—The term ‘‘pilot’’ means
an individual who has final authority and responsibility for the operation and safety of the
flight or any other flight deck crew member.
(3) ALL-CARGO AIR TRANSPORTATION.—In this
section, the term ‘‘air transportation’’ includes all-cargo air transportation.
(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.)
REFERENCES IN TEXT
The date of enactment of this section, referred to in
subsec. (b)(1), (2), is the date of enactment of Pub. L.
107–296, which was approved Nov. 25, 2002.
AMENDMENTS
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).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise 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 section 4 of Pub. L. 107–296, set out as a note under section
101 of Title 6, Domestic Security.
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.

Page 1174

tize a State or local law enforcement officer to
carry out Federal airport security duties under
this chapter.
(b) FULFILLMENT OF REQUIREMENTS.—A State
or local law enforcement officer who is deputized under this section shall be treated as a
Federal law enforcement officer for purposes of
meeting the requirements of this chapter and
other provisions of law to provide Federal law
enforcement officers to carry out Federal airport security duties.
(c) AGREEMENTS.—To deputize a State or local
law enforcement officer under this section, the
Under Secretary shall enter into a voluntary
agreement with the appropriate State or local
law enforcement agency that employs the State
or local law enforcement officer.
(d) REIMBURSEMENT.—
(1) IN GENERAL.—The Under Secretary shall
reimburse a State or local law enforcement
agency for all reasonable, allowable, and allocable costs incurred by the State or local law
enforcement agency with respect to a law enforcement officer deputized under this section.
(2) AUTHORIZATION OF APPROPRIATIONS.—
There are authorized to be appropriated such
sums as may be necessary to carry out this
subsection.
(e) FEDERAL TORT CLAIMS ACT.—A State or
local law enforcement officer who is deputized
under this section shall be treated as an ‘‘employee of the Government’’ for purposes of sections 1346(b), 2401(b), and chapter 171 of title 28,
United States Code, while carrying out Federal
airport security duties within the course and
scope of the officer’s employment, subject to
Federal supervision and control, and in accordance with the terms of such deputation.
(f) STATIONING OF OFFICERS.—The Under Secretary may allow law enforcement personnel to
be stationed other than at the airport security
screening location if that would be preferable
for law enforcement purposes and if such personnel would still be able to provide prompt responsiveness to problems occurring at the screening
location.
(Added Pub. L. 108–7, div. I, title III, § 351(a), Feb.
20, 2003, 117 Stat. 419.)

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.’’

§ 44923. Airport security improvement projects

§ 44922. Deputation of State and local law enforcement officers

(a) GRANT AUTHORITY.—Subject to the requirements of this section, the Under Secretary for
Border and Transportation Security of the Department of Homeland Security shall 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.

(a) DEPUTATION AUTHORITY.—The Under Secretary of Transportation for Security may depu-

(b) APPLICATIONS.—A sponsor seeking a grant
under this section shall submit to the Under

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 contained 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].’’