Notes on 49 U.S.C. § 44903 : US Code - Notes

Search Notes on 49 U.S.C. § 44903 : US Code - Notes

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1205; Pub. L.
106-181, title VII, Sec. 717, Apr. 5, 2000, 114 Stat. 163; Pub. L.
106-528, Secs. 4, 6, Nov. 22, 2000, 114 Stat. 2520, 2521; Pub. L.
107-71, title I, Secs. 101(f)(7)-(9), 106(a), (c), (d), 120,
126(b), 136, 144, Nov. 19, 2001, 115 Stat. 603, 608-610, 629, 632,
636, 644; Pub. L. 107-296, title XIV, Secs. 1405, 1406, Nov. 25,
2002, 116 Stat. 2307; Pub. L. 108-176, title VI, Sec. 606(a), Dec.
12, 2003, 117 Stat. 2568; Pub. L. 108-458, title IV, Secs. 4011(a),
4012(a)(1), Dec. 17, 2004, 118 Stat. 3712, 3714.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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44903(a) 49 App.:1357(f). Aug. 23, 1958, Pub. L.
85-726, 72 Stat. 731, Sec.
316(a), (b), (e)(2), (3),
(f); added Aug. 5, 1974,
Pub. L. 93-366, Sec. 202, 88
Stat. 415, 417.
44903(b) 49 App.:1357(a).
44903(c)(1) 49 App.:1357(b).
44903(c)(2) 49 App.:1357(g). Aug. 23, 1958, Pub. L.
85-726, 72 Stat. 731, Sec.
316(g); added Aug. 15, 1990,
Pub. L. 101-370, Sec. 2, 104
Stat. 451.
44903(d) 49 App.:1356b. Aug. 8, 1985, Pub. L. 99-83,
Sec. 553(b), 99 Stat. 226.
44903(e) 49 App.:1357(e)(2),
(3).
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In this section, the word "passengers" is substituted for
"persons" for consistency in the revised title.
In subsection (a)(2), the words "the degree of" are substituted
for "such" for clarity.
In subsection (b), before clause (1), the word "rules" is omitted
as being synonymous with "regulations". The words "such reasonable
. . . requiring such practices, methods, and procedures, or
governing the design, materials, and construction of aircraft, as
he may deem necessary" are omitted as surplus. The word "air" after
"intrastate" is added for clarity and consistency. The words "and
amending" are omitted as surplus. In clause (1), the words "the
heads of other departments, agencies, and instrumentalities of the
United States Government, and State and local authorities" are
substituted for "such other Federal, State, and local agencies" for
consistency in the revised title and with other titles of the
United States Code. The words "as he may deem appropriate" are
omitted as surplus. In clause (2)(A), the words "in air
transportation or intrastate air transportation against acts of
criminal violence and aircraft piracy" are omitted as surplus. In
clause (3), before subclause (A), the words "inspection" and "in
air transportation and intrastate air transportation" are omitted
as surplus. In subclause (B), the words "that they will receive"
and "any air transportation security program established under" are
omitted as surplus. In clause (4), the words "contribute to . . .
the purposes of" are omitted as surplus.
In subsection (c)(1), the words "traveling in air transportation
or intrastate air transportation from acts of criminal violence and
aircraft piracy" and "whose services are made available by their
employers" are omitted as surplus. The words "department, agency,
or instrumentality of the Government" are substituted for "Federal
department or agency" for consistency in the revised title and with
other titles of the Code. The word "When" is substituted for "In
any case in which" to eliminate unnecessary words. The words
"receipt of", "by order", "the services of", "directly", and "at
the airport concerned in such numbers and for such period of time
as the Administrator may deem necessary" are omitted as surplus.
The words "When deciding whether additional personnel are needed"
are substituted for "In making the determination referred to in the
preceding sentence" for clarity.
In subsection (c)(2)(A), before clause (i), the words "under this
section" are omitted as surplus. The words "or an amendment in an
existing program" are substituted for "and may approve an amendment
to a security program of an airport operator approved by the
Administrator under subsection (b)" to eliminate unnecessary words.
In clause (ii), the word "monetary" is substituted for "financial"
for consistency.
In subsection (e), the words "Notwithstanding any other
provisions of law", "the commission of", "considered", and "the
moment when" before "such door" are omitted as surplus. The words
"to allow passengers to leave" are substituted for
"disembarkation", and the words "the aircraft" are added, for
clarity. The words "departments, agencies, and instrumentalities of
the Government" are substituted for "Federal departments and
agencies" for consistency in the revised title and with other
titles of the Code. The words "as may be . . . the purposes of" are
omitted as surplus.
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in subsec. (f),
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
set out in the Appendix to Title 5, Government Organization and
Employees.
The date of enactment of this subsection, referred to in subsec.
(h)(4)(A), is the date of enactment of Pub. L. 107-71, which was
approved Nov. 19, 2001.
The date of enactment of this paragraph, referred to in subsec.
(h)(6)(A), is the date of enactment of Pub. L. 108-458, which was
approved Dec. 17, 2004.
The date of enactment of this paragraph, referred to in subsec.
(i)(3), is the date of enactment of Pub. L. 107-296, which was
approved Nov. 25, 2002.
The date of enactment of the Aviation and Transportation Security
Act, referred to in subsec. (j)(1), is the date of enactment of
Pub. L. 107-71, which was approved Nov. 19, 2001.
The date of enactment of this Act, referred to in subsec. (j)(1),
probably means the date of enactment of Pub. L. 107-71, which
enacted subsec. (j), originally (i), of this section and which was
approved Nov. 19, 2001.
Section 607 of the Vision 100 - Century of Aviation
Reauthorization Act, referred to in subsec. (j)(2)(F), is section
607 of Pub. L. 108-176, which is set out as a note below.
AMENDMENTS
2004 - Subsec. (h)(4)(E). Pub. L. 108-458, Sec. 4011(a)(1),
substituted "shall issue, not later than March 31, 2005, guidance
for" for "may provide for".
Subsec. (h)(5) to (7). Pub. L. 108-458, Sec. 4011(a)(2), added
pars. (5) to (7).
Subsec. (j)(2)(C) to (H). Pub. L. 108-458, Sec. 4012(a)(1), added
subpars. (C) to (H).
2003 - Subsec. (l). Pub. L. 108-176 added subsec. (l).
2002 - Subsec. (h). Pub. L. 107-296, Sec. 1406(3), redesignated
subsec. (h), relating to limitation on liability for acts to thwart
criminal violence or aircraft piracy, as (k).
Pub. L. 107-296, Sec. 1406(2), redesignated subsec. (h), relating
to authority to arm flight deck crews with less-than-lethal
weapons, as (i).
Subsec. (i). Pub. L. 107-296, Sec. 1406(2), redesignated subsec.
(h), relating to authority to arm flight deck crews with less-than-
lethal weapons, as (i). Former subsec. (i) redesignated (j).
Subsec. (i)(1). Pub. L. 107-296, Sec. 1405(b)(1), substituted "If
the Under Secretary" for "If the Secretary" and "the Under
Secretary may" for "the Secretary may".
Subsec. (i)(2). Pub. L. 107-296, Sec. 1405(b)(2), substituted
"Under Secretary" for "Secretary" in two places in introductory
provisions.
Subsec. (i)(3). Pub. L. 107-296, Sec. 1405(a), added par. (3).
Subsec. (j). Pub. L. 107-296, Sec. 1406(1), redesignated subsec.
(i) as (j).
Subsec. (k). Pub. L. 107-296, Sec. 1406(3), redesignated subsec.
(h), relating to limitation on liability for acts to thwart
criminal violence or aircraft piracy, as (k).
2001 - Subsec. (a)(2). Pub. L. 107-71, Sec. 101(f)(7), (9),
substituted "Under Secretary of Transportation for Security" for
"Administrator of the Federal Aviation Administration".
Subsec. (b). Pub. L. 107-71, Sec. 101(f)(7), substituted "Under
Secretary" for "Administrator" in two places in introductory
provisions.
Subsec. (c)(1), (2)(A), (B). Pub. L. 107-71, Sec. 101(f)(7),
substituted "Under Secretary" for "Administrator" wherever
appearing.
Subsec. (c)(2)(C). Pub. L. 107-71, Sec. 120, amended heading and
text of subpar. (C) generally, substituting provisions relating to
maximum use of chemical and biological weapon detection equipment
for provisions relating to a manual process at explosive detection
locations for randomly selecting additional checked bags for
screening.
Subsec. (c)(3). Pub. L. 107-71, Sec. 106(d), added par. (3).
Subsecs. (e), (f), (g)(1)(A), (B). Pub. L. 107-71, Sec.
101(f)(7), substituted "Under Secretary" for "Administrator"
wherever appearing.
Subsec. (g)(2). Pub. L. 107-71, Sec. 101(f)(7), substituted
"Under Secretary" for "Administrator" in introductory provisions.
Subsec. (g)(2)(A). Pub. L. 107-71, Sec. 106(c)(1), substituted
"weaknesses;" for "weaknesses by January 31, 2001;".
Subsec. (g)(2)(D). Pub. L. 107-71, Sec. 106(c)(2), added subpar.
(D) and struck out former subpar. (D) which read as follows:
"assess and test for compliance with access control requirements,
report findings, and assess penalties or take other appropriate
enforcement actions when noncompliance is found;".
Subsec. (g)(2)(C). Pub. L. 107-71, Sec. 101(f)(7), substituted
"Under Secretary" for "Administrator".
Subsec. (g)(2)(E). Pub. L. 107-71, Sec. 101(f)(8), substituted
"Under Secretary's" for "Administrator's".
Subsec. (g)(2)(F). Pub. L. 107-71, Secs. 101(f)(8), 106(c)(3),
substituted "Under Secretary's" for "Administrator's" and
"program;" for "program by January 31, 2001;".
Subsec. (g)(2)(G). Pub. L. 107-71, Sec. 106(c)(4), added subpar.
(G) and struck out former subpar. (G) which read as follows:
"require airport operators and air carriers to strengthen access
control points in secured areas (including air traffic control
operations areas) to ensure the security of passengers and aircraft
by January 31, 2001."
Subsec. (h). Pub. L. 107-71, Sec. 144, which directed that
subsec. (h) relating to limitation on liability for acts to thwart
criminal violence or aircraft piracy be added at end of section
44903, without specifying the Code title to be amended, was
executed by making the addition at the end of this section, to
reflect the probable intent of Congress.
Pub. L. 107-71, Sec. 126(b), added subsec. (h) relating to
authority to arm flight deck crews with less-than-lethal weapons.
Pub. L. 107-71, Sec. 106(a), added subsec. (h) relating to
improved airport perimeter access security.
Subsec. (i). Pub. L. 107-71, Sec. 136, added subsec. (i).
2000 - Subsec. (c)(2)(C). Pub. L. 106-528, Sec. 6, added subpar.
(C).
Subsec. (f). Pub. L. 106-181 added subsec. (f).
Subsec. (g). Pub. L. 106-528, Sec. 4, added subsec. (g).
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 OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 2000 AMENDMENTS
Amendment by Pub. L. 106-528 effective 30 days after Nov. 22,
2000, see section 9 of Pub. L. 106-528, set out as a note under
section 106 of this title.
Amendment by Pub. L. 106-181 applicable only to fiscal years
beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,
set out as a note under section 106 of this title.
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.
CAPPS2
Pub. L. 108-176, title VI, Sec. 607, Dec. 12, 2003, 117 Stat.
2568, provided that:
"(a) In General. - The Under Secretary for Border and
Transportation Security of the Department of Homeland Security
shall not implement, on other than a test basis, the computer
assisted passenger prescreening system (commonly known as and in
this section referred to as 'CAPPS2') until the Under Secretary
provides to Congress a certification that -
"(1) a procedure is established enabling airline passengers,
who are delayed or prohibited from boarding a flight because
CAPPS2 determined that they might pose a security threat, to
appeal such determination and correct information contained in
CAPPS2;
"(2) the error rate of the Government and private data bases
that will be used to both establish identity and assign a risk
level to a passenger under CAPPS2 will not produce a large number
of false positives that will result in a significant number of
passengers being mistaken as a security threat;
"(3) the Under Secretary has demonstrated the efficacy and
accuracy of all search tools in CAPPS2 and has demonstrated that
CAPPS2 can make an accurate predictive assessment of those
passengers who would constitute a security threat;
"(4) the Secretary of Homeland Security has established an
internal oversight board to oversee and monitor the manner in
which CAPPS2 is being implemented;
"(5) the Under Secretary has built in sufficient operational
safeguards to reduce the opportunities for abuse;
"(6) substantial security measures are in place to protect
CAPPS2 from unauthorized access by hackers or other intruders;
"(7) the Under Secretary has adopted policies establishing
effective oversight of the use and operation of the system; and
"(8) there are no specific privacy concerns with the
technological architecture of the system.
"(b) GAO Report. - Not later than 90 days after the date on which
certification is provided under subsection (a), the Comptroller
General shall submit a report to the Committees on Appropriations
of the House of Representatives and the Senate, the Committee on
Transportation and Infrastructure of the House of Representatives,
and the Committee on Commerce, Science and Transportation of the
Senate that assesses the impact of CAPPS2 on the issues listed in
subsection (a) and on privacy and civil liberties. The report shall
include any recommendations for practices, procedures, regulations,
or legislation to eliminate or minimize adverse effect of CAPPS2 on
privacy, discrimination, and other civil liberties."
REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN SCREENING AND RELATED
ACTIVITIES
Pub. L. 108-176, title VIII, Sec. 821, Dec. 12, 2003, 117 Stat.
2594, provided that: "The Secretary of Homeland Security, subject
to the availability of funds (other than amounts in the Aviation
Trust Fund) provided for this purpose, shall reimburse air carriers
and airports for -
"(1) the screening of catering supplies; and
"(2) checking documents at security checkpoints."
IMPROVED FLIGHT DECK INTEGRITY MEASURES
Pub. L. 107-71, title I, Sec. 104, Nov. 19, 2001, 115 Stat. 605,
provided that:
"(a) In General. - As soon as possible after the date of
enactment of this Act [Nov. 19, 2001], the Administrator of the
Federal Aviation Administration shall -
"(1) issue an order (without regard to the provisions of
chapter 5 of title 5, United States Code) -
"(A) prohibiting access to the flight deck of aircraft
engaged in passenger air transportation or intrastate air
transportation that are required to have a door between the
passenger and pilot compartments under title 14, Code of
Federal Regulations, except to authorized persons;
"(B) requiring the strengthening of the flight deck door and
locks on any such aircraft operating in air transportation or
intrastate air transportation that has a rigid door in a
bulkhead between the flight deck and the passenger area to
ensure that the door cannot be forced open from the passenger
compartment;
"(C) requiring that such flight deck doors remain locked
while any such aircraft is in flight except when necessary to
permit access and egress by authorized persons; and
"(D) prohibiting the possession of a key to any such flight
deck door by any member of the flight crew who is not assigned
to the flight deck; and
"(2) take such other action, including modification of safety
and security procedures and flight deck redesign, as may be
necessary to ensure the safety and security of the aircraft.
"(b) Implementation of Other Methods. - As soon as possible after
such date of enactment [Nov. 19, 2001], the Administrator of the
Federal Aviation Administration may develop and implement methods -

"(1) to use video monitors or other devices to alert pilots in
the flight deck to activity in the cabin, except that the use of
such monitors or devices shall be subject to nondisclosure
requirements applicable to cockpit video recordings under section
1114(c) [of title 49];
"(2) to ensure continuous operation of an aircraft transponder
in the event of an emergency; and
"(3) to revise the procedures by which cabin crews of aircraft
can notify flight deck crews of security breaches and other
emergencies, including providing for the installation of switches
or other devices or methods in an aircraft cabin to enable flight
crews to discreetly notify the pilots in the case of a security
breach occurring in the cabin.
"(c) Commuter Aircraft. - The Administrator shall investigate
means of securing the flight deck of scheduled passenger aircraft
operating in air transportation or intrastate air transportation
that do not have a rigid fixed door with a lock between the
passenger compartment and the flight deck and issue such an order
as the Administrator deems appropriate to ensure the
inaccessibility, to the greatest extent feasible, of the flight
deck while the aircraft is so operating, taking into consideration
such aircraft operating in regions where there is minimal threat to
aviation security or national security."
SMALL AND MEDIUM AIRPORTS
Pub. L. 107-71, title I, Sec. 106(b), Nov. 19, 2001, 115 Stat.
609, provided that:
"(1) Technical support and financial assistance. - The Under
Secretary of Transportation for Security shall develop a plan to -
"(A) provide technical support to airports, each of which had
less than 1 percent of the total annual enplanements in the
United States for the most recent calendar year for which data is
available, to enhance security operations; and
"(B) provide financial assistance to those airports to defray
the costs of enhancing security.
"(2) Removal of certain restrictions. -
"(A) Certification by operator. - If the operator of an airport
described in paragraph (1), after consultation with the
appropriate State and local law enforcement authorities,
determines that safeguards are in place to sufficiently protect
public safety, and so certifies in writing to the Under
Secretary, then any security rule, order, or other directive
restricting the parking of passenger vehicles shall not apply at
that airport after the applicable time period specified in
subparagraph (B), unless the Under Secretary, taking into account
individual airport circumstances, notifies the airport operator
that the safeguards in place do not adequately respond to
specific security risks and that the restriction must be
continued in order to ensure public safety.
"(B) Countermand period. - The time period within which the
Secretary may notify an airport operator, after receiving a
certification under subparagraph (A), that a restriction must be
continued in order to ensure public safety at the airport is -
"(i) 15 days for a nonhub airport (as defined in section
41714(h) of title 49, United States Code);
"(ii) 30 days for a small hub airport (as defined in such
section);
"(iii) 60 days for a medium hub airport (as defined in such
section); and
"(iv) 120 days for an airport that had at least 1 percent of
the total annual enplanements in the United States for the most
recent calendar year for which data is available."
AIRPORT SECURITY AWARENESS PROGRAMS
Pub. L. 107-71, title I, Sec. 106(e), Nov. 19, 2001, 115 Stat.
610, provided that: "The Under Secretary of Transportation for
Security shall require scheduled passenger air carriers, and
airports in the United States described in section 44903(c) [of
title 49] to develop security awareness programs for airport
employees, ground crews, gate, ticket, and curbside agents of the
air carriers, and other individuals employed at such airports."
AIRLINE COMPUTER RESERVATION SYSTEMS
Pub. L. 107-71, title I, Sec. 117, Nov. 19, 2001, 115 Stat. 624,
provided that: "In order to ensure that all airline computer
reservation systems maintained by United States air carriers are
secure from unauthorized access by persons seeking information on
reservations, passenger manifests, or other nonpublic information,
the Secretary of Transportation shall require all such air carriers
to utilize to the maximum extent practicable the best technology
available to secure their computer reservation system against such
unauthorized access."
AUTHORIZATION OF FUNDS FOR REIMBURSEMENT OF AIRPORTS FOR SECURITY
MANDATES
Pub. L. 107-71, title I, Sec. 121, Nov. 19, 2001, 115 Stat. 630,
provided that:
"(a) Airport Security. - There is authorized to be appropriated
to the Secretary of Transportation for fiscal years 2002 and 2003 a
total of $1,500,000,000 to reimburse airport operators, on-airport
parking lots, and vendors of on-airfield direct services to air
carriers for direct costs incurred by such operators to comply with
new, additional, or revised security requirements imposed on such
operators by the Federal Aviation Administration or Transportation
Security Administration on or after September 11, 2001. Such sums
shall remain available until expended.
"(b) Documentation of Costs; Audit. - The Secretary may not
reimburse an airport operator, on-airport parking lot, or vendor of
on-airfield direct services to air carriers under this section for
any cost for which the airport operator, on-airport parking lot, or
vendor of on-airfield direct services does not demonstrate to the
satisfaction of the Secretary, using sworn financial statements or
other appropriate data, that -
"(1) the cost is eligible for reimbursement under subsection
(a); and
"(2) the cost was incurred by the airport operator, on-airport
parking lot, or vendor of on-airfield direct services to air
carriers.
The Inspector General of the Department of Transportation and the
Comptroller General of the United States may audit such statements
and may request any other information necessary to conduct such an
audit.
"(c) Claim Procedure. - Within 30 days after the date of
enactment of this Act [Nov. 19, 2001], the Secretary, after
consultation with airport operators, on-airport parking lots, and
vendors of on-airfield direct services to air carriers, shall
publish in the Federal Register the procedures for filing claims
for reimbursement under this section of eligible costs incurred by
airport operators."
FLIGHT DECK SECURITY
Pub. L. 107-71, title I, Sec. 128, Nov. 19, 2001, 115 Stat. 633,
which authorized the pilot of a passenger aircraft to carry a
firearm into the cockpit if approved by the Under Secretary of
Transportation for Security and the air carrier, if the firearm is
approved by the Under Secretary, and if the pilot has received
proper training, was repealed by Pub. L. 107-296, title XIV, Sec.
1402(b)(2), Nov. 25, 2002, 116 Stat. 2305.
CHARTER AIR CARRIERS
Pub. L. 107-71, title I, Sec. 132(a), Nov. 19, 2001, 115 Stat.
635, which provided that within 90 days after Nov. 19, 2001, the
Under Secretary of Transportation for Security was to implement an
aviation security program for charter air carriers with a maximum
certificated takeoff weight of 12,500 pounds or more, was repealed
by Pub. L. 108-176, title VI, Sec. 606(b), Dec. 12, 2003, 117 Stat.
2568.
PHYSICAL SECURITY FOR ATC FACILITIES
Pub. L. 106-528, Sec. 5, Nov. 22, 2000, 114 Stat. 2521, provided
that:
"(a) In General. - In order to ensure physical security at
Federal Aviation Administration staffed facilities that house air
traffic control systems, the Administrator of the Federal Aviation
Administration shall act immediately to -
"(1) correct physical security weaknesses at air traffic
control facilities so the facilities can be granted physical
security accreditation not later than April 30, 2004; and
"(2) ensure that follow-up inspections are conducted,
deficiencies are promptly corrected, and accreditation is kept
current for all air traffic control facilities.
"(b) Reports. - Not later than April 30, 2001, and annually
thereafter through April 30, 2004, the Administrator shall transmit
to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the progress being made in
improving the physical security of air traffic control facilities,
including the percentage of such facilities that have been granted
physical security accreditation."
DEPUTIZING OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS
Pub. L. 106-181, title V, Sec. 512, Apr. 5, 2000, 114 Stat. 142,
provided that:
"(a) Definitions. - In this section, the following definitions
apply:
"(1) Aircraft. - The term 'aircraft' has the meaning given that
term in section 40102 of title 49, United States Code.
"(2) Air transportation. - The term 'air transportation' has
the meaning given that term in such section.
"(3) Program. - The term 'program' means the program
established under subsection (b)(1)(A).
"(b) Establishment of a Program To Deputize Local Law Enforcement
Officers. -
"(1) In general. - The Attorney General may -
"(A) establish a program under which the Attorney General may
deputize State and local law enforcement officers having
jurisdiction over airports and airport authorities as Deputy
United States Marshals for the limited purpose of enforcing
Federal laws that regulate security on board aircraft,
including laws relating to violent, abusive, or disruptive
behavior by passengers in air transportation; and
"(B) encourage the participation of law enforcement officers
of State and local governments in the program.
"(2) Consultation. - In establishing the program, the Attorney
General shall consult with appropriate officials of -
"(A) the United States Government (including the
Administrator [of the Federal Aviation Administration] or a
designated representative of the Administrator); and
"(B) State and local governments in any geographic area in
which the program may operate.
"(3) Training and background of law enforcement officers. -
"(A) In general. - Under the program, to qualify to serve as
a Deputy United States Marshal under the program, a State or
local law enforcement officer shall -
"(i) meet the minimum background and training requirements
for a law enforcement officer under part 107 of title 14,
Code of Federal Regulations (or equivalent requirements
established by the Attorney General); and
"(ii) receive approval to participate in the program from
the State or local law enforcement agency that is the
employer of that law enforcement officer.
"(B) Training not federal responsibility. - The United States
Government shall not be responsible for providing to a State or
local law enforcement officer the training required to meet the
training requirements under subparagraph (A)(i). Nothing in
this subsection may be construed to grant any such law
enforcement officer the right to attend any institution of the
United States Government established to provide training to law
enforcement officers of the United States Government.
"(c) Powers and Status of Deputized Law Enforcement Officers. -
"(1) In general. - Subject to paragraph (2), a State or local
law enforcement officer that is deputized as a Deputy United
States Marshal under the program may arrest and apprehend an
individual suspected of violating any Federal law described in
subsection (b)(1)(A), including any individual who violates a
provision subject to a civil penalty under section 46301 of title
49, United States Code, or section 46302, 46303, 46318, 46504,
46505, or 46507 of that title, or who commits an act described in
section 46506 of that title.
"(2) Limitation. - The powers granted to a State or local law
enforcement officer deputized under the program shall be limited
to enforcing Federal laws relating to security on board aircraft
in flight.
"(3) Status. - A State or local law enforcement officer that is
deputized as a Deputy United States Marshal under the program
shall not -
"(A) be considered to be an employee of the United States
Government; or
"(B) receive compensation from the United States Government
by reason of service as a Deputy United States Marshal under
the program.
"(d) Statutory Construction. - Nothing in this section may be
construed to -
"(1) grant a State or local law enforcement officer that is
deputized under the program the power to enforce any Federal law
that is not described in subsection (c); or
"(2) limit the authority that a State or local law enforcement
officer may otherwise exercise in the officer's capacity under
any other applicable State or Federal law.
"(e) Regulations. - The Attorney General may promulgate such
regulations as may be necessary to carry out this section.
"(f) Notification of Congress. - Not later than 90 days after the
date of the enactment of this Act [Apr. 5, 2000], the Attorney
General shall notify the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on whether or
not the Attorney General intends to establish the program
authorized by this section."
DEVELOPMENT OF AVIATION SECURITY LIAISON AGREEMENT
Pub. L. 104-264, title III, Sec. 309, Oct. 9, 1996, 110 Stat.
3253, provided that: "The Secretary of Transportation and the
Attorney General, acting through the Administrator of the Federal
Aviation Administration and the Director of the Federal Bureau of
Investigation, shall enter into an interagency agreement providing
for the establishment of an aviation security liaison at existing
appropriate Federal agencies' field offices in or near cities
served by a designated high-risk airport."
DEFINITIONS OF TERMS IN PUB. L. 107-71
For definitions of terms used in sections 104, 106(b), (e), 117,
121, 128, and 132(a) of Pub. L. 107-71, set out above, see section
133 of Pub. L. 107-71, set out as a note under section 40102 of
this title.