PUBLIC LAW 107-71—NOV. 19, 2001 115 STAT. 607 "(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 Secretary 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 marshsds; "(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; and "(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. "(b) LONG DISTANCE FLIGHTS.— In making the determination under subsection (a)(2), nonstop, long distance flights, such as those targeted on September 11, 2001, should be a priority. "(c) INTERIM MEASURES. — Until the Under Secretary completes implementation of subsection (a), the Under Secretary 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.". (b) CONFORMING AMENDMENT. — The analysis for chapter 449 of such title is amended by adding after the item relating to section 44916 the following: "44917. Deployment of Federal air marshals.". (c) BASIC PAY DEFINED.— Section 8331(3)(E) of title 5, United States Code, is amended to read as follows: "(E) availability pay— "(i) received by a criminal investigator under section 5545a of this title; or
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