49 U.S.C. § 44922

Deputization of State and local law enforcement officers

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(a)Deputization Authority.—The Administrator of the Transportation Security Administration 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 of the Transportation Security Administration 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 of the Transportation Security Administration 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 respect 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 subsection.(e)Federal Tort Claims Act.—A State or local law enforcement officer who is deputized under this section shall be treated as an “employee of the Government” for purposes of sections 1346(b), 2401(b), and chapter 171 of title 28, United States Code, while carrying out Federal airport security duties within the course and scope of the officer’s employment, subject to Federal supervision and control, and in accordance with the terms of such deputization.(f)Stationing of Officers.—The Administrator of the Transportation Security Administration may allow law enforcement personnel to be stationed other than at the airport security screening location if that would be preferable for law enforcement purposes and if such personnel would still be able to provide prompt responsiveness to problems occurring at the screening location.(Added Pub. L. 108–7, div. I, title III, § 351(a), Feb. 20, 2003, 117 Stat. 419; amended Pub. L. 115–254, div. K, title I, § 1991(d)(18), Oct. 5, 2018, 132 Stat. 3636.)Amendments

2018—Pub. L. 115–254, § 1991(d)(18)(D), substituted “Administrator of the Transportation Security Administration” for “Under Secretary” wherever appearing.

Pub. L. 115–254, § 1991(d)(18)(A), substituted “Deputization” for “Deputation” in section catchline.

Subsec. (a). Pub. L. 115–254, § 1991(d)(18)(B), in heading, substituted “Deputization” for “Deputation” and, in text, substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for Security”.

Subsec. (e). Pub. L. 115–254, § 1991(d)(18)(C), substituted “deputization” for “deputation”.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2019–2023 · leading case: Nadine Pellegrino v. TSA, 937 F.3d 164 (3rd Cir. 2019).

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Nadine Pellegrino v. TSA, 937 F.3d 164 (3rd Cir. 2019). · cites it 2× “See also 49 U.S.C. § 44922 (e) (providing that “[a] State or local law enforcement officer who is deputized” into federal service by the TSA Administrator “shall be treated as an ‘employee of the Government’” for purposes of the proviso) (emphases added).”

Anne Talignani v. United States, 26 F.4th 379 (7th Cir. 2022). “§ 1974 (b) (special officers of the Capitol Police, temporarily appointed officers who ordinarily serve with a different government agency); 49 U.S.C. § 44922 (e) (state or local law enforcement officers who are deputized by the Transportation Security Administration to carry…”

Michele Leuthauser v. USA, 71 F.4th 1189 (9th Cir. 2023). “§ 2105 (defining employee as “an officer and an individual”)); see also 49 U.S.C. § 44922 (e) (providing that “[a] State or local law enforcement officer who is deputized” into federal service by the TSA Administrator “shall be treated as an 14 LEUTHAUSER V.”

Webb-Beigel v. United States (D. Ariz. 2019). “See also 49 U.S.C. § 44922 (e) (providing that “[a] State or local law 11 enforcement officer who is deputized” into federal service by the TSA Administrator “shall 12 be treated as an ‘employee of the Government’” for purposes of the proviso) (emphases 13 added).”

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