49 U.S.C. § 44921 : US Code - Section 44921: Federal flight deck officer program

Search 49 U.S.C. § 44921 : US Code - Section 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,
including 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 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 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 Discharges. - If an
accidental discharge of a firearm 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 procedures was responsible for the
accidental discharge, the Under Secretary (!2) may temporarily
suspend the program until the shortcoming is corrected.
(j) Limitation on Authority of Air Carriers. - 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 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.
(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.