Arming Pilots Against Terrorism Act

Page 1065

TITLE 49—TRANSPORTATION
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.

§ 44921. Federal flight deck officer program
(a) ESTABLISHMENT.—The Under Secretary of
Transportation for Security shall establish a
program to deputize volunteer pilots of air carriers providing air transportation or intrastate
air transportation as Federal law enforcement
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.—Not later than 3 months
after the date of enactment of this section, the
Under Secretary shall establish procedural requirements to carry out the program under
this section.
(2) COMMENCEMENT OF PROGRAM.—Beginning
3 months after the date of enactment of this
section, the Under Secretary shall begin the
process of training and deputizing pilots who
are qualified to be Federal flight deck officers
as Federal flight deck officers under the program.
(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 Federal flight deck officer on board the aircraft
to ensure both its security and its ease of retrieval in an emergency.
(E) An analysis of the risk of catastrophic
failure of an aircraft as a result of the discharge (including an accidental discharge) of
a firearm to be used in the program into the
avionics, electrical systems, or other sensitive areas of the aircraft.
(F) The division of responsibility between
pilots in the event of an act of criminal violence or air piracy if only 1 pilot is a Federal
flight deck officer and if both pilots are Federal flight deck officers.
(G) Procedures for ensuring that the firearm 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-

§ 44921

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 firearms, 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 overnight away from the pilot’s base airport.
(K) Methods for ensuring that security personnel will be able to identify whether a
pilot is authorized to carry a firearm under
the program.
(L) Methods for ensuring that pilots (including 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 Under Secretary considers necessary.
(N) The Under Secretary’s decisions regarding the methods for implementing each
of the foregoing procedural requirements
shall be subject to review only for abuse of
discretion.
(4) PREFERENCE.—In selecting pilots to participate in the program, the Under Secretary
shall give preference to pilots who are former
military or law enforcement personnel.
(5) CLASSIFIED INFORMATION.—Notwithstanding section 552 of title 5 but subject to section
40119 of this title, information developed under
paragraph (3)(E) shall not be disclosed.
(6) NOTICE TO CONGRESS.—The Under Secretary 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 required by paragraph (3)(E).
(7) MINIMIZATION OF RISK.—If the Under Secretary determines as a result of the analysis
under paragraph (3)(E) that there is a significant risk of the catastrophic failure of an aircraft as a result of the discharge of a firearm,
the Under Secretary shall take such actions as
may be necessary to minimize that risk.
(c) TRAINING, SUPERVISION, AND EQUIPMENT.—
(1) IN GENERAL.—The Under Secretary shall
only be obligated to provide the training, supervision, 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 Under Secretary
shall base the requirements for the training
of Federal flight deck officers under subsection (b) on the training standards applicable to Federal air marshals; except that
the Under Secretary shall take into account
the differing roles and responsibilities of
Federal flight deck officers and Federal air
marshals.
(B) ELEMENTS.—The training of a Federal
flight deck officer shall include, at a minimum, the following elements:
(i) Training to ensure that the officer
achieves the level of proficiency with a

§ 44921

TITLE 49—TRANSPORTATION

firearm required under subparagraph
(C)(i).
(ii) Training to ensure that the officer
maintains exclusive control over the officer’s firearm at all times, including training in defensive maneuvers.
(iii) Training to assist the officer in determining 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 Under Secretary. Such level shall be comparable to
the level of proficiency required of Federal
air marshals.
(ii) CONDUCT OF TRAINING.—The training
of a Federal flight deck officer in the use
of a firearm may be conducted by the
Under Secretary or by a firearms training
facility approved by the Under Secretary.
(iii) REQUALIFICATION.—The Under Secretary 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
Under Secretary.
(d) DEPUTIZATION.—
(1) IN GENERAL.—The Under Secretary may
deputize, as a Federal flight deck officer under
this section, a pilot who submits to the Under
Secretary a request to be such an officer and
whom the Under Secretary determines is
qualified to be such an officer.
(2) QUALIFICATION.—A pilot is qualified to be
a Federal flight deck officer under this section
if—
(A) the pilot is employed by an air carrier;
(B) the Under Secretary determines (in the
Under Secretary’s discretion) that the pilot
meets the standards established by the
Under Secretary for being such an officer;
and
(C) the Under Secretary determines that
the pilot has completed the training required by the Under Secretary.
(3) DEPUTIZATION BY OTHER FEDERAL AGENCIES.—The Under Secretary may request another Federal agency to deputize, as Federal
flight deck officers under this section, those
pilots that the Under Secretary determines
are qualified to be such officers.
(4) REVOCATION.—The Under Secretary may,1
(in the Under Secretary’s discretion) revoke
the deputization of a pilot as a Federal flight
deck officer if the Under Secretary finds that
the pilot is no longer qualified to be such an
officer.
(e) COMPENSATION.—Pilots participating in the
program under this section shall not be eligible
for compensation from the Federal Government
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
1 So

in original. The comma probably should not appear.

Page 1066

training or qualification and requalification to
carry firearms under the program.
(f) AUTHORITY TO CARRY FIREARMS.—
(1) IN GENERAL.—The Under Secretary shall
authorize a Federal flight deck officer to carry
a firearm while engaged in providing air transportation or intrastate air transportation.
Notwithstanding subsection (c)(1), the officer
may purchase a firearm and carry that firearm 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 participate 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 Under Secretary may take such action as may be necessary to ensure that a Federal flight deck officer may carry a firearm in
a foreign country whenever necessary to participate in the program.
(g) AUTHORITY TO USE FORCE.—Notwithstanding section 44903(d), the Under Secretary 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 carrier shall not be liable for damages in any action brought in a Federal or State court arising out of a Federal flight deck officer’s use of
or failure to use a firearm.
(2) LIABILITY OF FEDERAL FLIGHT DECK OFFICERS.—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 criminal violence or air piracy unless the officer is
guilty of gross negligence or willful misconduct.
(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 Government under chapter 171 of title 28, relating to
tort claims procedure.
(i) PROCEDURES FOLLOWING ACCIDENTAL
CHARGES.—If an accidental discharge of a

DISfirearm under the pilot program results in the injury or death of a passenger or crew member on
an aircraft, the Under Secretary—
(1) shall revoke the deputization of the Federal flight deck officer responsible for that
firearm if the Under Secretary determines
that the discharge was attributable to the negligence of the officer; and
(2) if the Under Secretary determines that a
shortcoming in standards, training, or proce-

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TITLE 49—TRANSPORTATION

dures was responsible for the accidental discharge, the Under Secretary 2 may temporarily
suspend the program until the shortcoming is
corrected.
AUTHORITY OF AIR CARshall 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 carrier 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.

(j) LIMITATION ON
RIERS.—No air carrier

(k) APPLICABILITY.—
(1) EXEMPTION.—This section shall not apply
to air carriers operating under part 135 of title
14, Code of Federal Regulations, and to pilots
employed by such carriers to the extent that
such carriers and pilots are covered by section
135.119 of such title or any successor to such
section.
(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
2 So in original. The words ‘‘the Under Secretary’’ probably
should not appear.

§ 44922

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.
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 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].’’

§ 44922. Deputation of State and local law enforcement officers
(a) DEPUTATION AUTHORITY.—The Under Secretary of Transportation for Security may deputize 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