607 
detrimentally affect the cost-efficiency or the effectiveness of the 
screening of passengers or property at the airport. 
(3) REPORTS ON DENIALS OF APPLICATIONS.— 
(A) IN GENERAL.—If the Administrator denies an application 
submitted by an airport operator under subsection (a), the Admin-
istrator shall provide to the airport operator, not later than 60 
days following the date of the denial, a written report that sets 
forth— 
(i) the findings that served as the basis for the denial; 
(ii) the results of cost or security analysis conducted in 
considering the application; and 
(iii) recommendations on how the airport operator can ad-
dress the reasons for the denial. 
(B) SUBMISSION TO CONGRESS.—The Administrator shall sub-
mit to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Homeland Security of the 
House of Representatives a copy of a report provided to an airport 
operator under subparagraph (A). 
(c) QUALIFIED PRIVATE SCREENING COMPANY.—A private screening 
company is qualified to provide screening services at an airport under this 
section if the company will only employ individuals to provide the services 
who meet all the requirements of this chapter applicable to Federal Govern-
ment personnel who perform screening services at airports under this chap-
ter and will provide compensation and other benefits to the individuals that 
are not less than the level of compensation and other benefits provided to 
the Federal Government personnel in accordance with this chapter. 
(d) STANDARDS FOR PRIVATE SCREENING COMPANIES.— 
(1) IN GENERAL.—The Administrator may enter into a contract with 
a private screening company to provide screening at an airport under 
this section only if the Administrator determines and certifies to Con-
gress that— 
(A) the level of screening services and protection provided at the 
airport under the contract will be equal to or greater than the level 
that would be provided at the airport by Federal Government per-
sonnel under this chapter; and 
(B) the private screening company is owned and controlled by 
a citizen of the United States, to the extent that the Administrator 
determines that there are private screening companies owned and 
controlled by citizens of the United States. 
(2) WAIVERS.—The Administrator may waive the requirement of 
paragraph (1)(B) for a company that is a United States subsidiary 
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with a parent company that has implemented a foreign ownership, con-
trol, or influence mitigation plan that has been approved by the De-
fense Security Service of the Department of Defense prior to the sub-
mission of the application. The Administrator has complete discretion 
to reject any application from a private screening company that re-
quires a waiver under this paragraph to provide screening services at 
an airport. 
(e) SUPERVISION OF SCREENED PERSONNEL.—The Administrator shall 
provide Federal Government supervisors to oversee all screening at each air-
port at which screening services are provided under this section and provide 
Federal Government law enforcement officers at the airport pursuant to this 
chapter. 
(f) TERMINATION OF CONTRACTS.—The Administrator may terminate a 
contract entered into with a private screening company to provide screening 
services at an airport under this section if the Administrator finds that the 
company has failed repeatedly to comply with a standard, regulation, direc-
tive, order, law, or contract applicable to the hiring or training of personnel 
to provide services or to the provision of screening at the airport. 
(g) OPERATOR NOT LIABLE.—An operator of an airport is not liable for 
a claim for damages filed in State or Federal court (including a claim for 
compensatory, punitive, contributory, or indemnity damages) relating to— 
(1) the airport operator’s decision— 
(A) to submit an application to the Administrator under sub-
section (a) or former section 44919 of title 49; or 
(B) not to submit an application; and 
(2) an act of negligence, gross negligence, or intentional wrongdoing 
by— 
(A) a qualified private screening company or its employees in 
a case in which the qualified private screening company is acting 
under a contract entered into with the Secretary or the Secretary’s 
designee; or 
(B) employees of the Federal Government providing passenger 
and property security screening services at the airport. 
(h) RECOMMENDATIONS OF AIRPORT OPERATOR.—As part of any sub-
mission of an application for a private screening company to provide screen-
ing services at an airport, the airport operator shall provide to the Adminis-
trator a recommendation as to which company would best serve the security 
screening and passenger needs of the airport, along with a statement ex-
plaining the basis of the operator’s recommendation. 
(i) OPERATOR LIABILITY.—Nothing in this section shall relieve an airport 
operator from liability for its own acts or omissions related to its security 
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responsibilities. Except as may be provided by subchapter IV of chapter 105 
of this title, nothing in this section shall relieve a qualified private screening 
company or its employees from liability related to its own acts of negligence, 
gross negligence, or intentional wrongdoing. 
§ 40930. Federal flight deck officer program 
(a) DEFINITIONS.—In this section: 
(1) AIR TRANSPORTATION.—The term ‘‘air transportation’’ includes 
all-cargo air transportation. 
(2) PILOT.—The term ‘‘pilot’’ means an individual who has final au-
thority and responsibility for the operation and safety of the flight or 
another flight deck crew member. 
(b) EXEMPTION.—This section does not apply to air carriers operating 
under part 135 of title 14, Code of Federal Regulations, and to pilots em-
ployed by the carriers to the extent that the carriers and pilots are covered 
by section 135.119 of title 14 or a successor to that section. 
(c) ESTABLISHMENT.—The Administrator shall establish a program to 
deputize volunteer pilots of air carriers providing air transportation or intra-
state air transportation as Federal law enforcement officers to defend the 
flight decks of aircraft of air carriers against acts of criminal violence or 
air piracy. The officers shall be known as ‘‘Federal flight deck officers’’. 
(d) PROCEDURAL REQUIREMENTS.— 
(1) IN GENERAL.—The Administrator shall establish procedural re-
quirements to carry out the program under this section. 
(2) COMMENCEMENT OF PROGRAM.—The Administrator shall under-
take 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 estab-
lished under paragraph (1) shall address the following issues: 
(A) The type of firearm to be used by a Federal flight deck offi-
cer. 
(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 offi-
cer 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 
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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 one pilot is a Fed-
eral 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 Fed-
eral air marshal on board the aircraft. 
(I) The process for selection of pilots to participate in the pro-
gram based on their fitness to participate in the program, includ-
ing whether an additional background check should be required be-
yond that required by section 40954(a)(1) of this title. 
(J) Storage and transportation of firearms between flights, in-
cluding international flights, to ensure the security of the firearms, 
focusing particularly on whether security would be enhanced by re-
quiring 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 may carry a firearm under the pro-
gram. 
(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 may carry a firearm aboard the aircraft. 
(M) Other issues that the Administrator considers necessary. 
(4) PREFERENCE.—In selecting pilots to participate in the program, 
the Administrator shall give preference to pilots who are former mili-
tary or law enforcement personnel. 
(5) CLASSIFIED INFORMATION.—Notwithstanding section 552 of title 
5 but subject to section 40119 of title 49, information developed under 
paragraph (3)(E) shall not be disclosed. 
(6) NOTICE TO CONGRESS.—The Administrator 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 Administrator determines as a 
result of the analysis under paragraph (3)(E) that there is a significant 
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