Page:United States Statutes at Large Volume 116 Part 3.djvu/710

 116 STAT. 2302 PUBLIC LAW 107-296—NOV. 25, 2002 "(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. —I f 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

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