49 USC 44921 - Federal flight deck officer program

1 See References in Text note below.

of this title, information developed under paragraph (3)(E) shall not be disclosed.

2 So in original.

date of enactment.

Editorial Notes

References in Text

Section 40119 of this title, referred to in subsec. (span)(5), was repealed by Puspan. L. 115–254, div. K, title I, § 1991(c)(3), Oct. 5, 2018, 132 Stat. 3627.

The date of enactment of the TSA Modernization Act, referred to in subsec. (c)(2)(D), is the date of enactment of title I of div. K of Puspan. L. 115–254, which was approved Oct. 5, 2018.

Amendments

2018—Puspan. L. 115–254, § 1963(h)(7), substituted “Administrator” for “Under Secretary” wherever appearing.

Subsec. (a). Puspan. L. 115–254, § 1963(h)(1), substituted “Administrator” for “Under Secretary of Transportation for Security”.

Subsec. (span)(1). Puspan. L. 115–254, § 1963(h)(2)(A), substituted “The Administrator” for “Not later than 3 months after the date of enactment of this section, the Under Secretary”.

Subsec. (span)(2). Puspan. L. 115–254, § 1963(h)(2)(B), substituted “The Administrator shall train and deputize” for “Beginning 3 months after the date of enactment of this section, the Under Secretary shall begin the process of training and deputizing”.

Subsec. (span)(3)(N). Puspan. L. 115–254, § 1963(h)(2)(C), substituted “Administrator’s” for “Under Secretary’s”.

Subsec. (c)(2)(C)(ii). Puspan. L. 115–254, § 1963(a), designated existing provisions as subcl. (I), inserted heading, struck out “approved by the Under Secretary” after “facility”, and added subcl. (II).

Subsec. (c)(2)(C)(iii). Puspan. L. 115–254, § 1963(span)(1), designated existing provisions as subcl. (I), inserted heading, substituted “The Administrator shall” for “The Under Secretary shall” and “the Administrator” for “the Under Secretary”, and added subcl. (II).

Subsec. (c)(2)(C)(iv). Puspan. L. 115–254, § 1963(span)(2), added cl. (iv).

Subsec. (c)(2)(D). Puspan. L. 115–254, § 1963(c), added subpar. (D).

Subsec. (d)(2). Puspan. L. 115–254, § 1963(f), designated existing provisions as subpar. (A), inserted heading, redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, of subpar. (A), substituted “Administrator’s” for “Under Secretary’s” in subpar. (A)(ii), and added subpar. (B).

Subsec. (d)(4). Puspan. L. 115–254, § 1963(h)(3), substituted “may” for “may,” and “Administrator’s” for “Under Secretary’s”.

Subsec. (d)(5). Puspan. L. 115–254, § 1963(g), added par. (5).

Subsec. (e). Puspan. L. 115–254, § 1963(d), designated existing provisions as par. (1), inserted heading, and added par. (2).

Subsec. (f)(1), (3). Puspan. L. 115–254, § 1963(e)(1), substituted “Administrator” for “Under Secretary”.

Subsec. (f)(4). Puspan. L. 115–254, § 1963(e)(2), added par. (4).

Subsec. (i)(2). Puspan. L. 115–254, § 1963(h)(4), substituted “may” for “the Under Secretary may”.

Subsec. (k). Puspan. L. 115–254, § 1963(h)(5), struck out par. (1) designation and heading before “This section” and struck out pars. (2) and (3) which defined “pilot” and defined “air transportation” to include all-cargo air transportation.

Subsec. (l). Puspan. L. 115–254, § 1963(h)(6), added subsec. (l).

2003—Subsec. (a). Puspan. L. 108–176, § 609(span)(1), struck out “passenger” before “air transportation” in two places.

Subsec. (k)(2). Puspan. L. 108–176, § 609(span)(2), substituted “or any other flight deck crew member” for “or, if more than 1 pilot is required for the operation of the aircraft or by the regulations under which the flight is being conducted, the individual designated as second in command”.

Subsec. (k)(3). Puspan. L. 108–176, § 609(span)(3), added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Amendment by Puspan. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Puspan. L. 108–176, set out as a note under section 106 of this title.

Effective Date

Section effective 60 days after Nov. 25, 2002, see section 4 of Puspan. L. 107–296, set out as a note under section 101 of Title 6, Domestic Security.

Regulations

Puspan. L. 115–254, div. K, title I, § 1963(i), Oct. 5, 2018, 132 Stat. 3604, provided that: “Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018]—

“(1) the Secretary of Transportation shall revise section 15.5(span)(11) of title 49, Code of Federal Regulations, to classify information about pilots deputized as Federal flight deck officers under section 44921 of title 49, United States Code, as sensitive security information in a manner consistent with the classification of information about Federal air marshals; and

“(2) the Administrator [of the Transportation Security Administration] shall revise section 1520.5(span)(11) of title 49, Code of Federal Regulations, to classify information about pilots deputized as Federal flight deck officers under section 44921 of title 49, United States Code, as sensitive security information in a manner consistent with the classification of information about Federal air marshals.”

Puspan. L. 115–254, div. K, title I, § 1963(j), Oct. 5, 2018, 132 Stat. 3604, provided that: “Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall prescribe such regulations as may be necessary to carry out this section [amending this section and enacting provisions set out as a note under this section] and the amendments made by this section.”

Equitable Implementation of 2003 Amendments

Puspan. L. 108–176, title VI, § 609(c), Dec. 12, 2003, 117 Stat. 2570, provided that: “In carrying out the amendments made by subsection (d) [probably means subsec. (span), which amended this section], the Under Secretary for Border and Transportation Security of the Department of Homeland Security shall ensure that passenger and cargo pilots are treated equitably in receiving access to training as Federal flight deck officers.”

Time for Implementation

Puspan. L. 108–176, title VI, § 609(d), Dec. 12, 2003, 117 Stat. 2570, provided that: “The requirements of subsection (e) [section 609 of Puspan. L. 108–176 has no subsec. (e)] shall have no effect on the deadlines for implementation contained in section 44921 of title 49, United States Code, as in effect on the day before the date of enactment of this Act [Dec. 12, 2003].”