611 
risk of the catastrophic failure of an aircraft as a result of the dis-
charge of a firearm, the Administrator shall take necessary actions to 
minimize that risk. 
(8) REVIEW STANDARD.—The Administrator’s decisions regarding 
the methods for implementing each of the procedural requirements 
specified in paragraph (3) shall be subject to review only for abuse of 
discretion. 
(e) TRAINING, SUPERVISION, AND EQUIPMENT.— 
(1) IN GENERAL.—The Administrator shall only be obligated to pro-
vide 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 Administrator shall base the require-
ments for the training of Federal flight deck officers under sub-
section (d) on the training standards applicable to Federal air 
marshals, except that the Administrator shall take into account 
the differing roles and responsibilities of Federal flight deck offi-
cers and Federal air marshals. 
(B) ELEMENTS.—The training of a Federal flight deck officer 
shall include, at a minimum— 
(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 train-
ing in defensive maneuvers; and 
(iii) training to assist the officer in determining when it is 
appropriate to use the officer’s firearm and when it is appro-
priate to use less than lethal force. 
(C) TRAINING IN USE OF FIREARMS.— 
(i) LEVEL OF PROFICIENCY.—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 Administrator. The 
level shall be comparable to the level of proficiency required 
of Federal air marshals. 
(ii) TRAINING BY ADMINISTRATOR OR FIREARMS TRAINING 
FACILITY.—The training of a Federal flight deck officer in 
the use of a firearm may be conducted by the Administrator 
or by a firearms training facility approved by the Adminis-
trator. 
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(iii) REQUALIFICATION.—The Administrator shall require a 
Federal flight deck officer to requalify to carry a firearm 
under the program. The requalification shall occur at an in-
terval required by the Administrator. 
(f) DEPUTIZATION.— 
(1) IN GENERAL.—The Administrator may deputize, as a Federal 
flight deck officer under this section, a pilot who submits to the Admin-
istrator a request to be such an officer and who the Administrator de-
termines 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 Administrator determines that the pilot meets the 
standards established by the Administrator for being a Federal 
flight deck officer; and 
(C) the Administrator determines that the pilot has completed 
the training required by the Administrator. 
(3) DEPUTIZATION BY OTHER FEDERAL AGENCIES.—The Adminis-
trator may request another Federal agency to deputize, as Federal 
flight deck officers under this section, pilots that the Administrator de-
termines are qualified to be Federal flight deck officers. 
(4) REVOCATION.—The Administrator may revoke the deputization 
of a pilot as a Federal flight deck officer if the Administrator finds 
that the pilot is no longer qualified to be a Federal flight deck officer. 
(g) COMPENSATION.—Pilots participating in the program under this sec-
tion 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 partici-
pating in the program or for the pilot’s training or qualification and requali-
fication to carry firearms under the program. 
(h) AUTHORITY TO CARRY FIREARMS.— 
(1) IN
GENERAL.—The Administrator shall authorize a Federal 
flight deck officer to carry a firearm while engaged in providing air 
transportation or intrastate air transportation. Notwithstanding sub-
section (e)(1), the officer may purchase a firearm and carry that fire-
arm aboard an aircraft of which the officer is the pilot under this sec-
tion 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 par-
ticipate in the program, may carry a firearm in a State and from one 
State to another State. 
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(3) CARRYING FIREARMS OUTSIDE UNITED STATES.—In consultation 
with the Secretary of State, the Administrator may take necessary ac-
tion to ensure that a Federal flight deck officer may carry a firearm 
in a foreign country whenever necessary to participate in the program. 
(i) AUTHORITY TO USE FORCE.—Notwithstanding section 40913(d) of 
this title, the Administrator 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 intra-
state air transportation. 
(j) LIMITATION ON LIABILITY.— 
(1) AIR CARRIERS.—An air carrier is not liable for damages in an 
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) FEDERAL FLIGHT DECK OFFICERS.—A Federal flight deck offi-
cer is not liable for damages in an 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 mis-
conduct. 
(3) 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. 
(k) PROCEDURES FOLLOWING ACCIDENTAL DISCHARGES.—If an acci-
dental discharge of a firearm under the pilot program results in the injury 
or death of a passenger or crew member on an aircraft, the Administrator— 
(1) shall revoke the deputization of the Federal flight deck officer 
responsible for that firearm if the Administrator determines that the 
discharge was attributable to the negligence of the officer; and 
(2) if the Administrator determines that a shortcoming in standards, 
training, or procedures was responsible for the accidental discharge, 
may temporarily suspend the program until the shortcoming is cor-
rected. 
(l) LIMITATION ON AUTHORITY OF AIR CARRIERS.—An air carrier may 
not— 
(1) prohibit a pilot employed by the air carrier from becoming a Fed-
eral flight deck officer under this section; 
(2) threaten a retaliatory action against a pilot employed by the air 
carrier for becoming a Federal flight deck officer under this section; 
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(3) prohibit a Federal flight deck officer from piloting an aircraft op-
erated by the air carrier; or 
(4) terminate the employment of a Federal flight deck officer, solely 
on the basis of his or her volunteering for or participating in the pro-
gram under this section. 
§ 40931. Deputation of State and local law enforcement offi-
cers 
(a) DEPUTATION AUTHORITY.—The Administrator 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 Administrator 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 Administrator 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 re-
spect 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 sub-
section. 
(e) FEDERAL TORT CLAIMS ACT.—A State or local law enforcement offi-
cer who is deputized under this section shall be treated as an ‘‘employee 
of the Government’’ for purposes of sections 1346(b) and 2401(b) and chap-
ter 171 of title 28 while carrying out Federal airport security duties in the 
course and scope of the officer’s employment, subject to Federal supervision 
and control, and under the terms of the deputation. 
(f) STATIONING OF OFFICERS.—The Administrator may allow law en-
forcement personnel to be stationed other than at the airport security 
screening location if that would be preferable for law enforcement purposes 
and if the personnel would still be able to provide a prompt response to 
problems occurring at the screening location. 
§ 40932. Airport security improvement projects 
(a) DEFINITION OF SPONSOR.—In this section, the term ‘‘sponsor’’ has 
the meaning given the term in section 47102 of title 49. 
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(b) GRANT AUTHORITY.—Subject to the requirements of this section, the 
Administrator shall make grants to airport sponsors— 
(1) for projects to replace baggage conveyer systems related to avia-
tion security; 
(2) for projects to reconfigure terminal baggage areas as needed to 
install explosive detection systems; 
(3) for projects to enable the Administrator to deploy explosive detec-
tion 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. 
(c) APPLICATIONS.—A sponsor seeking a grant under this section shall 
submit to the Administrator an application in the form, and containing the 
information, the Administrator prescribes. 
(d) APPROVAL.—The Administrator, after consultation with the Secretary 
of Transportation, may approve an application of a sponsor for a grant 
under this section only if the Administrator determines that the project will 
improve security at an airport or improve the efficiency of the airport with-
out lessening security. 
(e) LETTERS OF INTENT.— 
(1) ISSUANCE.—The Administrator shall issue a letter of intent to 
a sponsor committing to obligate from future budget authority an 
amount, not more than the Federal Government’s share of the project’s 
cost, for an airport security improvement project (including interest 
costs and costs of formulating the project). 
(2) SCHEDULE.—A letter of intent under this subsection shall estab-
lish a schedule under which the Administrator will reimburse the spon-
sor for the Government’s share of the project’s costs, as amounts be-
come available, if the sponsor, after the Administrator issues the letter, 
carries out the project without receiving amounts under this section. 
(3) NOTICE TO ADMINISTRATOR.—A sponsor that has been issued a 
letter of intent under this subsection shall notify the Administrator of 
the sponsor’s intent to carry out a project before the project begins. 
(4) NOTICE TO CONGRESS.—The Administrator shall transmit to the 
Committees on Appropriations and Transportation and Infrastructure 
of the House of Representatives and the Committees on Appropriations 
and Commerce, Science and Transportation of the Senate a written no-
tification at least 3 days before the issuance of a letter of intent under 
this section. 
(5) LIMITATIONS.—A letter of intent issued under this subsection is 
not an obligation of the Government under section 1501 of title 31, 
and the letter is not deemed to be an administrative commitment for 
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financing. An obligation or administrative commitment may be made 
only as amounts are provided in authorization and appropriations laws. 
(6) STATUTORY CONSTRUCTION.—Nothing in this subsection shall be 
construed to prohibit the obligation of amounts pursuant to a letter of 
intent under this subsection in the same fiscal year as the letter of in-
tent is issued. 
(f) FEDERAL SHARE.—The Government’s share of the cost of a project 
under this section shall be 90 percent for a project at a medium or large 
hub airport and 95 percent for a project at any other airport. 
(g) APPLICABILITY
OF CERTAIN REQUIREMENTS.—The requirements 
that apply to grants and letters of intent issued under chapter 471 of title 
49 (other than section 47102(3)) shall apply to grants and letters of intent 
issued under this section. 
(h) AVIATION SECURITY CAPITAL FUND.— 
(1) IN GENERAL.—There is established in the Department the Avia-
tion Security Capital Fund. The first $250,000,000 from fees received 
under section 40958(a) of this title in each of fiscal years 2004 
through 2028 is available to be deposited in the Fund. The Adminis-
trator shall impose the fee authorized by section 40958(a) so as to col-
lect at least $250,000,000 in each of the fiscal years for deposit into 
the Fund. Amounts in the Fund are available to the Administrator to 
make grants under this section. 
(2) ALLOCATION.—Of the amount made available under paragraph 
(1) for a fiscal year, not less than $200,000,000 shall be allocated to 
fulfill letters of intent issued under subsection (d). 
(3) DISCRETIONARY GRANTS.—Of the amount made available under 
paragraph (1) for a fiscal year, up to $50,000,000 shall be used to 
make discretionary grants, including other transaction agreements for 
airport security improvement projects, with priority given to small hub 
airports and nonhub airports. 
(i) LEVERAGED FUNDING.—For purposes of this section, a grant under 
subsection (b) to an airport sponsor to service an obligation issued by or 
on behalf of that sponsor to fund a project described in subsection (b) is 
considered to be a grant for that project. 
§ 40933. Repair station security 
(a) SECURITY REVIEW AND AUDIT.—To ensure the security of mainte-
nance and repair work conducted on air carrier aircraft and components at 
foreign repair stations, the Administrator, in consultation with the Adminis-
trator of the Federal Aviation Administration, shall complete a security re-
view and audit of foreign repair stations that are certified by the Adminis-
trator of the Federal Aviation Administration under part 145 of title 14, 
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Code of Federal Regulations, and that work on air carrier aircraft and com-
ponents. The review shall be completed no later than 6 months after the 
date on which the Administrator issues regulations under subsection (f). 
(b) ADDRESSING SECURITY CONCERNS.—The Administrator shall require 
a foreign repair station to address the security issues and vulnerabilities 
identified in a security audit conducted under subsection (a) within 90 days 
of providing notice to the repair station of the security issues and 
vulnerabilities so identified and shall notify the Administrator of the Federal 
Aviation Administration that a deficiency was identified in the security 
audit. 
(c) SUSPENSIONS AND REVOCATIONS OF CERTIFICATES.— 
(1) FAILURE TO CARRY OUT EFFECTIVE SECURITY MEASURES.—If, 
after the 90th day on which a notice is provided to a foreign repair 
station under subsection (b), the Administrator determines that the 
foreign repair station does not maintain and carry out effective security 
measures, the Administrator shall notify the Administrator of the Fed-
eral Aviation Administration of the determination. On receipt of the de-
termination, the Administrator of the Federal Aviation Administration 
shall suspend the certification of the repair station until the Adminis-
trator determines that the repair station maintains and carries out ef-
fective security measures and transmits the determination to the Ad-
ministrator of the Federal Aviation Administration. 
(2) IMMEDIATE SECURITY RISK.—If the Administrator determines 
that a foreign repair station poses an immediate security risk, the Ad-
ministrator shall notify the Administrator of the Federal Aviation Ad-
ministration of the determination. On receipt of the determination, the 
Administrator of the Federal Aviation Administration shall revoke the 
certification of the repair station. 
(3) PROCEDURES FOR APPEALS.—The Administrator, in consultation 
with the Administrator of the Federal Aviation Administration, shall 
establish procedures for appealing a revocation of a certificate under 
this subsection. 
(d) FAILURE TO MEET AUDIT DEADLINE.—If the security audits re-
quired by subsection (a) are not completed on or before the date that is 
6 months after the date on which the Administrator issues regulations 
under subsection (f), the Administrator of the Federal Aviation Administra-
tion shall be barred from certifying a foreign repair station (other than a 
station that was previously certified, or is in the process of certification, by 
the Administrator of the Federal Aviation Administration under part A of 
subtitle VII of title 49) until the audits are completed for existing stations. 
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(e) PRIORITY FOR AUDITS.—In conducting the audits described in sub-
section (a), the Administrator and the Administrator of the Federal Avia-
tion Administration shall give priority to foreign repair stations located in 
countries identified by the Government as posing the most significant secu-
rity risks. 
(f) REGULATIONS.—The Administrator, in consultation with the Adminis-
trator of the Federal Aviation Administration, shall issue final regulations 
to ensure the security of foreign and domestic aircraft repair stations. 
§ 40934. Deployment and use of detection equipment at air-
port screening checkpoints 
(a) WEAPONS AND EXPLOSIVES.—The Secretary shall give a high priority 
to developing, testing, improving, and deploying, at airport screening check-
points, equipment that detects nonmetallic, chemical, biological, and radio-
logical weapons, and explosives, in all forms, on individuals and in their per-
sonal property. The Secretary shall ensure that the equipment alone, or as 
part of an integrated system, can detect under realistic operating conditions 
the types of weapons and explosives that terrorists would likely try to smug-
gle aboard an air carrier aircraft. 
(b) STRATEGIC PLAN FOR DEPLOYMENT AND USE OF EXPLOSIVE DE-
TECTION EQUIPMENT AT AIRPORT SCREENING CHECKPOINTS.— 
(1) IN GENERAL.—The Administrator shall submit to the appro-
priate congressional committees a strategic plan to promote the optimal 
utilization and deployment of explosive detection equipment at airports 
to screen individuals and their personal property. Such equipment in-
cludes walk-through explosive detection portals, document scanners, 
shoe scanners, and backscatter x-ray scanners. The plan may be sub-
mitted in a classified format. 
(2) CONTENT.—The strategic plan shall include, at minimum— 
(A) a description of current efforts to detect explosives in all 
forms on individuals and in their personal property; 
(B) a description of the operational applications of explosive de-
tection equipment at airport screening checkpoints; 
(C) a deployment schedule and a description of the quantities 
of equipment needed to implement the plan; 
(D) a description of funding needs to implement the plan, in-
cluding a financing plan that provides for leveraging of non-Fed-
eral funding; 
(E) a description of the measures taken and anticipated to be 
taken in carrying out subsection (d); and 
(F) a description of any recommended legislative actions. 
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(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap-
propriated to the Secretary for the use of the Transportation Security Ad-
ministration $250,000,000, in addition to amounts otherwise authorized by 
law, for research, development, and installation of detection systems and 
other devices for the detection of biological, chemical, radiological, and ex-
plosive materials. 
(d) INTERIM ACTION.—Until measures are implemented that enable the 
screening of all passengers for explosives, the Administrator shall provide, 
by means the Administrator considers appropriate, explosives detection 
screening for all passengers identified for additional screening and their per-
sonal property that will be carried aboard a passenger aircraft operated by 
an air carrier or foreign air carrier in air transportation or intrastate air 
transportation. 
§ 40935. Appeal and redress process for passengers wrongly 
delayed or prohibited from boarding a flight 
(a) IN GENERAL.—The Secretary shall establish a timely and fair process 
for individuals who believe they have been delayed or prohibited from board-
ing a commercial aircraft because they were wrongly identified as a threat 
under the regimes utilized by the Transportation Security Administration, 
U.S. Customs and Border Protection, or another office or component of the 
Department. 
(b) OFFICE OF APPEALS AND REDRESS.— 
(1) ESTABLISHMENT.—The Secretary shall establish in the Depart-
ment an Office of Appeals and Redress to implement, coordinate, and 
execute the process established by the Secretary under subsection (a). 
The Office shall include representatives from the Transportation Secu-
rity Administration, U.S. Customs and Border Protection, and other 
offices and components of the Department that the Secretary deter-
mines appropriate. 
(2) RECORDS.—The process established by the Secretary under sub-
section (a) shall include the establishment of a method by which the 
Office, under the direction of the Secretary, will be able to maintain 
a record of air carrier passengers and other individuals who have been 
misidentified and have corrected erroneous information. 
(3) INFORMATION.—To prevent repeated delays of a misidentified 
passenger or other individual, the Office of Appeals and Redress 
shall— 
(A) ensure that the records maintained under this subsection 
contain information determined by the Secretary to authenticate 
the identity of the passenger or individual; 
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