§ 44917. Deployment of Federal air marshals

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(a)In General.— The Administrator of the Transportation Security Administration under the authority provided by section 44903(d)—

(1)may provide for deployment of Federal air marshals on every passenger flight of air carriers in air transportation or intrastate air transportation;

(2)shall provide for deployment of Federal air marshals on every such flight determined by the Administrator to present high security risks;

(3)shall provide for appropriate training, supervision, and equipment of Federal air marshals;

(4)shall require air carriers providing flights described in paragraph

(1)to provide seating for a Federal air marshal on any such flight without regard to the availability of seats on the flight and at no cost to the United States Government or the marshal;

(5)may require air carriers to provide, on a space-available basis, to an off-duty Federal air marshal a seat on a flight to the airport nearest the marshal’s home at no cost to the marshal or the United States Government if the marshal is traveling to that airport after completing his or her security duties;

(6)may enter into agreements with Federal, State, and local agencies under which appropriately-trained law enforcement personnel from such agencies, when traveling on a flight of an air carrier, will carry a firearm and be prepared to assist Federal air marshals;

(7)shall establish procedures to ensure that Federal air marshals are made aware of any armed or unarmed law enforcement personnel on board an aircraft;

(8)may appoint—

(A)an individual who is a retired law enforcement officer;

(B)an individual who is a retired member of the Armed Forces; and

(C)an individual who has been furloughed from an air carrier crew position in the 1-year period beginning on September 11, 2001,

as a Federal air marshal, regardless of age, if the individual otherwise meets the background and fitness qualifications required for Federal air marshals;

(9)shall require the Federal Air Marshal Service to utilize a risk-based strategy when allocating resources between international and domestic flight coverage, including when initially setting its annual target numbers of average daily international and domestic flights to cover;

(10)shall require the Federal Air Marshal Service to utilize a risk-based strategy to support domestic allocation decisions;

(11)shall require the Federal Air Marshal Service to utilize a risk-based strategy to support international allocation decisions; and

(12)shall ensure that the seating arrangements of Federal air marshals on aircraft are determined in a manner that is risk-based and most capable of responding to current threats to aviation security.

(b)Interim Measures.— Until the Under Secretary 1 completes implementation of subsection (a), the Under Secretary 1 may use, after consultation with and concurrence of the heads of other Federal agencies and departments, personnel from those agencies and departments, on a nonreimbursable basis, to provide air marshal service.

(c)Training for Foreign Law Enforcement Personnel.—

(1)In general.— The Administrator of the Transportation Security Administration, after consultation with the Secretary of State, may direct the Federal Air Marshal Service to provide appropriate air marshal training to law enforcement personnel of foreign countries.

(2)Watchlist screening.— The Federal Air Marshal Service may only provide appropriate air marshal training to law enforcement personnel of foreign countries after comparing the identifying information and records of law enforcement personnel of foreign countries against all appropriate records in the consolidated and integrated terrorist watchlists maintained by the Federal Government.

(3)Fees.— The Administrator of the Transportation Security Administration shall establish reasonable fees and charges to pay expenses incurred in carrying out this subsection. Funds collected under this subsection shall be credited to the account in the Treasury from which the expenses were incurred and shall be available to the Administrator of the Transportation Security Administration for purposes for which amounts in such account are available.

(Added Pub. L. 107–71, title I, § 105(a), Nov. 19, 2001, 115 Stat. 606; amended Pub. L. 108–458, title IV, § 4018, Dec. 17, 2004, 118 Stat. 3721; Pub. L. 115–254, div. K, title I, §§ 1959(c)(5), (d)(1), 1991(d)(15), Oct. 5, 2018, 132 Stat. 3599, 3635.)

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