Text: H.R.4126 — 108th Congress (2003-2004)All Information (Except Text)

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Introduced in House (04/01/2004)

 
[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[H.R. 4126 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4126

  To provide for recruiting, training, and deputizing persons for the 
                  Federal flight deck officer program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 1, 2004

  Mr. Wilson of South Carolina (for himself, Mr. Paul, Mr. Rogers of 
    Alabama, Mr. Isakson, Mr. DeMint, Mr. Cunningham, Mr. Franks of 
 Arizona, Mr. Jones of North Carolina, Mrs. Blackburn, Ms. Ginny Brown-
 Waite of Florida, Mr. Kline, and Mr. Renzi) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To provide for recruiting, training, and deputizing persons for the 
                  Federal flight deck officer program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cockpit Security Technical 
Corrections and Improvements Act of 2004''.

SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

    Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision of law, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.

SEC. 3. ELIGIBILITY FOR THE FEDERAL FLIGHT DECK OFFICER PROGRAM.

    (a) In General.--Section 44921(a) is amended to read as follows:
    ``(a) Establishment; Definitions.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        establish the Federal flight deck officer program to deputize 
        eligible pilots as Federal law enforcement officers to defend 
        against acts of criminal violence or air piracy. Such an 
        officer shall be known as a `Federal flight deck officer'.
            ``(2) Definitions.--In this section:
                    ``(A) Air transportation.--The term `air 
                transportation' includes all-cargo air transportation.
                    ``(B) Pilot.--The term `pilot' means an individual 
                who--
                            ``(i) is employed by an air carrier that 
                        provides air transportation or intrastate air 
                        transportation; and
                            ``(ii)(I) has final authority and 
                        responsibility for the operation and safety of 
                        the flight; or
                            ``(II) is otherwise a member of the flight 
                        deck crew.
                    ``(C) Program.--The term `program' means the 
                Federal flight deck officer program established under 
                paragraph (1).
                    ``(D) Secretary.--The term `Secretary' means the 
                Secretary of Homeland Security.''.
    (b) Eligibility Criteria.--Section 44921(d) is amended to read as 
follows:
    ``(d) Eligibility.--
            ``(1) Criteria.--A pilot is eligible to be a Federal flight 
        deck officer under this section if the pilot--
                    ``(A) submits an application to the Secretary;
                    ``(B) may lawfully transport in interstate or 
                foreign commerce, and possess in commerce a firearm or 
                ammunition under Federal law;
                    ``(C)(i) has successfully completed the Federal 
                flight deck officer training required by the Secretary; 
                or
                    ``(ii) is eligible to be deputized prior to 
                completing the Federal flight deck officer training 
                pursuant to paragraph (2); and
                    ``(D) presents a valid First-Class Airman Medical 
                Certificate or Second-Class Airman Medical Certificate 
                indicating that the pilot has met the mental standards 
                prescribed in part 67 of title 14, Code of Federal 
                Regulations, that applied on December 31, 2003.
            ``(2) Exception for certain pilots.--
                    ``(A) In general.--A pilot is eligible to be 
                deputized prior to the pilot completing the Federal 
                flight deck officer training if the pilot--
                            ``(i)(I) is or has been an active or 
                        reserve member of the United States Armed 
                        Forces, the National Guard, or a Federal, 
                        State, or local law enforcement agency;
                            ``(II) provides evidence of satisfactory 
                        completion of firearms training by an entity 
                        that is approved for requalification training 
                        under subsection (c) during the 12-month period 
                        ending on the date the Secretary receives the 
                        application submitted by the pilot; and
                            ``(III) presents a valid First-Class Airman 
                        Medical Certificate or Second-Class Airman 
                        Medical Certificate indicating that the pilot 
                        has met the mental standards prescribed in part 
                        67 of title 14, Code of Federal Regulations, 
                        that applied on December 31, 2003; or
                            ``(ii)(I) during the 90-day period 
                        beginning on the date the Secretary receives 
                        the application submitted by the pilot, is not 
                        offered Federal flight deck officer training;
                            ``(II) provides evidence of satisfactory 
                        completion of firearms training by an entity 
                        that is approved for requalification training 
                        under subsection (c)--
                                    ``(aa) during the 12-month period 
                                ending on the date the Secretary 
                                receives an application submitted by 
                                the pilot; or
                                    ``(bb) during the 120-day period 
                                beginning on the date the Secretary 
                                receives an application submitted by 
                                the pilot; and
                            ``(III) presents a valid First-Class Airman 
                        Medical Certificate or Second-Class Airman 
                        Medical Certificate indicating that the pilot 
                        has met the mental standards prescribed in part 
                        67 of title 14, Code of Federal Regulations, 
                        that applied on December 31, 2003.
                    ``(B) Requirement for training.--A pilot who is 
                eligible to be deputized prior to completing the 
                Federal flight deck officer training pursuant to this 
                paragraph shall begin such training not later than 180 
                days after the date the pilot is deputized as a Federal 
                flight deck officer.
            ``(3) Deputization by other federal agencies.--The 
        Secretary may request another Federal agency to deputize, as 
        Federal flight deck officers under this section, those pilots 
        that the Secretary determines are qualified to be such 
        officers.
            ``(4) Timing.--The Secretary shall immediately deputize a 
        pilot who is eligible under this subsection as a Federal flight 
        deck officer.
            ``(5) Other requirements.--The Secretary may not impose any 
        eligibility requirements for a pilot to be deputized or remain 
        deputized as a Federal flight deck officer other than the 
        requirements described in this subsection.''.
    (c) Conforming Amendment.--Section 44921 is amended by striking 
subsection (k) and inserting the following:
    ``(k) Applicability.--This section shall not apply to air carriers 
operating under part 135 of title 14, Code of Federal Regulations, and 
to pilots employed by such carriers to the extent that such carriers 
and pilots are covered by section 135.119 of such title or any 
successor to such section.''.
    (d) Conforming Amendment.--Section 44921(b)(4) is repealed.

SEC. 4. FEDERAL FLIGHT DECK OFFICER TRAINING AND REQUALIFICATION 
              TRAINING.

    (a) In General.--Paragraph (1) of section 44921(c) is amended to 
read as follows:
            ``(1) In general.--The Secretary shall provide the 
        training, supervision, and equipment necessary for a pilot to 
        be a Federal flight deck officer under this section.''.
    (b) Training and Requalification Requirements.--Section 44921(c) is 
amended by adding at the end the following new paragraphs:
            ``(3) Initiation of training.--The Secretary shall--
                    ``(A) not later than 30 days after the date that 
                the Secretary receives an application submitted by a 
                pilot, determine if the pilot is eligible to receive 
                Federal flight deck officer training under this title; 
                and
                    ``(B) if the pilot is eligible, not later than 90 
                days after the date that the Secretary receives an 
                application submitted by the pilot, begin training the 
                pilot as a Federal flight deck officer.
            ``(4) Training by other entities.--The training of a 
        Federal flight deck officer may be conducted by--
                    ``(A) the Secretary;
                    ``(B) the Director of the Federal Bureau of 
                Investigation; or
                    ``(C) a private training facility approved by the 
                Secretary.
            ``(5) Location of training.--The Secretary shall ensure 
        that--
                    ``(A) Federal flight deck officer training is 
                conducted at facilities located throughout the United 
                States; and
                    ``(B) that a pilot who is eligible to receive 
                Federal flight deck officer training is offered a 
                choice of training locations and dates and is provided 
                at least 30 days advance notice of such locations and 
                dates.
            ``(6) Requalification training.--
                    ``(A) Requirement for requalification.--The 
                Secretary shall require a Federal flight deck officer 
                to successfully complete requalification training. Such 
                requalification training shall occur at such intervals 
                as may be required by the Secretary.
                    ``(B) Requalification training by other entities.--
                The requalification training of a Federal flight deck 
                officer may be conducted by--
                            ``(i) the Secretary;
                            ``(ii) the Director of the Federal Bureau 
                        of Investigation; or
                            ``(iii) a private training facility 
                        approved by the Secretary under subparagraph 
                        (C).
                    ``(C) Private training facilities.--The Secretary 
                shall approve the application of a private training 
                facility to provide requalification training to Federal 
                flight deck officers if such facility--
                            ``(i) is approved by a Federal agency or 
                        department to provide firearms training;
                            ``(ii) provides a training course that 
                        includes practical training in the firing of a 
                        handgun with live ammunition, training in the 
                        lawful and justifiable use of deadly force, 
                        and--
                                    ``(I) qualifies Federal, State, or 
                                local law enforcement officers, 
                                security guards, or private 
                                investigators; or
                                    ``(II) provides a certificate of 
                                training or competence prior to the 
                                issuance of a license or permit to 
                                carry a handgun; or
                            ``(iii) meets any other qualifications 
                        determined in the Secretary's discretion.
                    ``(D) Publication of requalification training 
                facilities.--The Secretary shall make readily available 
                to pilots the list of facilities approved to provide 
                requalification training under this paragraph. Such 
                list shall also be available through the Internet.
            ``(7) Costs of training.--
                    ``(A) In general.--The Secretary shall provide 
                Federal flight deck officer training or requalification 
                training to eligible pilots at no cost to the pilots or 
                the air carriers that employ such pilots.
                    ``(B) Transportation and expenses.--Except as 
                provided in subparagraph (C), the Secretary shall 
                provide pilots receiving Federal flight deck officer 
                training or requalification training, including 
                training under subsection (d)(2)(A)(ii)(II)(bb), travel 
                expenses, including per diem in lieu of subsistence, at 
                rates authorized for employees of agencies under 
                subchapter I of chapter 57 of title 5, United States 
                Code, while away from their homes or regular places of 
                business for the purpose of receiving such training.
                    ``(C) Unpaid leave.--An air carrier that employs a 
                pilot receiving Federal flight deck officer training or 
                requalification training shall permit the pilot to take 
                unpaid leave to participate in such training.
            ``(8) Prohibition on other training requirements.--The 
        requirements for Federal flight deck officer training or 
        requalification training may not exceed the requirements, 
        including the length of time of the training period, for 
        successful completion of such training that applied on December 
        31, 2003.''.
    (c) Technical and Conforming Amendments.--Section 44921(c)(2) is 
amended--
            (1) in subparagraph (A), by striking ``marshals;'' and 
        inserting ``marshals,''; and
            (2) by striking subparagraph (C) and inserting the 
        following:
                    ``(C) Training in use of firearms.--In order to 
                complete training as a Federal flight deck officer, a 
                pilot must achieve the level of proficiency with a 
                firearm that is required by the Secretary. Such level 
                shall be comparable to the level of proficiency 
                required of other Federal law enforcement officers.''.
    (d) Requirement to Promote Requalification Facilities.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        publish in the Federal Register and use other appropriate 
        methods to promote and publicize the opportunity for private 
        facilities to provide requalification training to Federal fight 
        deck officers under section 44921(c)(6), as added by subsection 
        (b).
            (2) Purpose of promotion.--The purposes of the publication 
        and promotion described in paragraph (1) are--
                    (A) to inform private facilities about the Federal 
                flight deck officer program; and
                    (B) to encourage such facilities to apply to 
                provide requalification training to Federal flight deck 
                officers.

SEC. 5. AUTHORITY TO CARRY FIREARMS.

    (a) Amendments to Authority.--Section 44921(f) is amended to read 
as follows:
    ``(f) Authority to Carry Firearms.--
            ``(1) In general.--The Secretary shall authorize a Federal 
        flight deck officer to carry a firearm on the officer's person. 
        Notwithstanding subsection (c)(1), the officer may purchase a 
        firearm and carry that firearm in accordance with this section 
        if the firearm is of a type that may be used under the program.
            ``(2) Preemption.--Notwithstanding any other provision of 
        Federal, State, or local law, a Federal flight deck officer may 
        carry a firearm in any State and from one State to another 
        State.
            ``(3) Carrying firearms outside united states.--
                    ``(A) In general.--When operating to, from, or 
                within the jurisdiction of a foreign government where 
                an agreement allowing a Federal flight deck officer to 
                carry or possess a firearm is not in effect, a Federal 
                flight deck officer shall be designated as a Federal 
                air marshal for the purposes of complying with 
                international weapons carriage regulations and existing 
                agreements with foreign governments. Nothing in this 
                paragraph shall be construed to allow Federal flight 
                deck officers to receive any other benefit of being so 
                designated.
                    ``(B) Requirement to negotiate agreements.--The 
                Secretary of State shall negotiate agreements with 
                foreign governments as necessary to allow Federal 
                flight deck officers to carry and possess firearms 
                within the jurisdictions of such foreign governments 
                for protection of international flights against 
                hijackings or other terrorist acts. Any such agreements 
                shall provide Federal flight deck officers the same 
                rights and privileges accorded Federal air marshals by 
                such foreign governments.
            ``(4) Description of authority and procedures.--The 
        authority of a Federal flight deck officer to carry a firearm 
        shall be identical to such authority granted to any other 
        Federal law enforcement officer under Federal law. The 
        operating procedures applicable to a Federal flight deck 
        officer relating to carrying such firearm shall be--
                    ``(A) identical to such procedures applicable to 
                any other Federal law enforcement officer under Federal 
                law; and
                    ``(B) no more restrictive than the restrictions for 
                carrying a firearm that are generally imposed on any 
                other Federal law enforcement officer who has statutory 
                authority to carry a firearm.
            ``(5) Locked devices.--
                    ``(A) No requirement to use.--A Federal flight deck 
                officer may not be required to carry or transport a 
                firearm in a locked bag, box, or container.
                    ``(B) Requirement to provide.--Upon request of a 
                Federal flight deck officer, the Secretary shall 
                provide a secure locking device or other appropriate 
                container for storage of a firearm by the Federal 
                flight deck officer.
            ``(6) Authority to use force.--A Federal flight deck 
        officer shall have authority to use reasonable and necessary 
        force, including lethal force, against an individual or 
        individuals to defend an aircraft, prevent terrorism, or 
        otherwise defend life.
            ``(7) Information to other entities.--The Secretary shall 
        periodically provide information to relevant airport officials 
        and personnel, and Federal, State, and local law enforcement 
        authorities, regarding the authority of a Federal flight deck 
        officer to possess and carry a firearm on the officer's 
        person.''.
    (b) Initial Requirement to Provide Information.--Not later than 60 
days after the date of enactment of this Act, the Secretary of Homeland 
Security shall make the initial periodic provision of information 
described in section 44921(f)(6), as added by subsection (a).

SEC. 6. LIMITATION ON AUTHORITY OF AIR CARRIERS AND OTHER ENTITIES.

    Section 44921(j) is amended to read as follows:
    ``(j) Limitation on Authority of Air Carriers and Other Entities.--
No air carrier or other entity or individual shall prohibit or threaten 
any retaliatory action against a pilot employed by the air carrier from 
becoming or serving as a Federal flight deck officer under this 
section. No air carrier or other entity or individual shall--
            ``(1) prohibit a Federal flight deck officer from piloting 
        an aircraft operated by the air carrier;
            ``(2) terminate the employment of a Federal flight deck 
        officer on the basis of his or her volunteering for or 
        participating in the program under this section; or
            ``(3) take other disciplinary action against or otherwise 
        interfere with such pilot on the basis of such pilot's 
        volunteering for or participating in the program under this 
        section.''.

SEC. 7. AUTHORITY TO SUE.

    Section 44921, as amended by sections 3 through 6 of this Act, is 
further amended by adding at the end the following new subsection:
    ``(l) Authority to Sue.--
            ``(1) In general.--A Federal flight deck officer or a pilot 
        who is adversely affected by a failure by the Secretary to 
        comply with any of the requirements of this section may file a 
        petition for judicial review with the United States district 
        court for the district in which the Federal flight deck officer 
        or pilot resides or has a principal place of business or in the 
        District of Columbia.
            ``(2) Remedy.--If a United States court determines that the 
        Secretary failed to comply with a requirement of this section, 
        the court shall order the Secretary to take such action as may 
        be necessary to comply with such requirement.
            ``(3) Attorney's fees.--In any action or proceeding brought 
        under this subsection, the United States court shall award a 
        prevailing plaintiff reasonable attorney's fees incurred in 
        bringing such action or proceeding.''.

SEC. 8. PRIVACY OF FEDERAL FLIGHT DECK OFFICERS.

    Section 44921, as amended by sections 3 through 7 of this Act, is 
further amended by adding at the end the following new subsection:
    ``(m) Privacy of Federal Flight Deck Officers.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary may not disclose information related to a pilot's 
        participation in the Federal flight deck officer program or the 
        pilot's application to participate in such program.
            ``(2) Exceptions.--The Secretary may disclose information 
        described in paragraph (1)--
                    ``(A) if the disclosure is required for the 
                administration of this section;
                    ``(B) in response to a pilot's request that such 
                information be disclosed to the air carrier that 
                employs the pilot, if--
                            ``(i) the information is limited to the 
                        information specifically requested by the 
                        pilot; and
                            ``(ii) such air carrier does not disclose 
                        such information to third parties; or
                    ``(C) in response to a request for a law 
                enforcement agency to confirm if a pilot is deputized 
                as a Federal flight deck officer.
            ``(3) Disclosure of information by pilots.--A pilot may 
        disclose information as determined to be necessary by the 
        pilot, including--
                    ``(A) in connection with the pilot's duties as a 
                Federal flight deck officer;
                    ``(B) to any law enforcement officer, air crew 
                member, or legal advocate; and
                    ``(C) in order to receive supplemental training or 
                equipment for use or to demonstrate or maintain 
                proficiency as a Federal flight deck officer.''.

SEC. 9. ADJUDICATION PROCEDURES.

    Section 44921, as amended by sections 3 through 8 of this Act, is 
further amended by adding at the end the following new subsection:
    ``(n) Adjudication Procedures.--
            ``(1) Determination of ineligibility and appeal.--
                    ``(A) In general.--If the Secretary determines that 
                a pilot is ineligible to be a Federal flight deck 
                officer, or has become ineligible to remain a Federal 
                flight deck officer, the Secretary shall provide in 
                writing the specific reasons to such pilot within 5 
                days of such determination. Such pilot may submit to 
                the Secretary information to correct, clarify, or 
                supplement any pertinent records relied on for the 
                adverse determination. After receipt of such 
                information, the Secretary shall immediately consider 
                the information, investigate the matter further, 
                correct all erroneous records relating to such person, 
                give notice of the error to any Federal department or 
                agency or any State that was the source of such 
                erroneous records, and reconsider the adverse 
                determination. Upon request by the aggrieved party, the 
                Secretary shall promptly hold a hearing at a location 
                and on a date convenient to the aggrieved party to 
                review the adverse determination.
                    ``(B) Petition.--If the Secretary fails to reverse 
                the adverse determination within 30 days after receipt 
                of such information or within 30 days after any such 
                hearing, whichever date is later, the aggrieved party 
                may at any time within 60 days after the date such 
                period expires file a petition with the United States 
                district court for the district in which the aggrieved 
                party resides or has a principal place of business or 
                in the District of Columbia for a de novo judicial 
                review of such adverse determination. In a proceeding 
                conducted under this subsection, the court may consider 
                any evidence submitted by the parties to the proceeding 
                whether or not such evidence was considered previously. 
                If the court decides that the Secretary was not 
                authorized to determine or incorrectly determined that 
                the aggrieved party is ineligible to be a Federal 
                flight deck officer, the court shall order the 
                Secretary to take such action as may be necessary to 
                comply with the judgment of the court.
            ``(2) Other adverse action.--
                    ``(A) Remediation training and suspension.--If a 
                Federal flight deck officer knowingly commits a serious 
                or dangerous violation of standard operating procedures 
                applicable to Federal flight deck officers, the 
                Secretary may order remedial training or may suspend 
                such officer from the program for a period of no more 
                than 1 year. If a Federal flight deck officer acts in a 
                manner that is willfully and grossly negligent in 
                relation to acting as a Federal flight deck officer, 
                the Secretary may order remedial training or may 
                suspend such officer from the program indefinitely, 
                except that the suspended officer may seek 
                reinstatement after 1 year. No other penalty may be 
                imposed by the Secretary.
                    ``(B) Procedures.--If the Secretary believes that 
                remedial training or suspension of a Federal flight 
                deck officer is warranted under this paragraph, the 
                Secretary shall serve a written statement of the 
                pertinent allegations to the Federal flight deck 
                officer in question. If the Federal flight deck officer 
                contests the allegations, the remedial training, or the 
                suspension, the matter shall be submitted for decision 
                to a review board. The officer who is the subject of 
                the hearing may be represented by counsel, a union 
                representative, or such other person of the officer's 
                choice. The review board shall consist of--
                            ``(i) a Federal flight deck officer who 
                        shall be randomly selected and who is willing 
                        to serve;
                            ``(ii) a designee of the Secretary; and
                            ``(iii) a representative of a neutral 
                        third-party acceptable to both the officer and 
                        the Secretary.
                    ``(C) Additional procedures.--The hearing conducted 
                by the review board may take place no less than 14 days 
                from the date the written statement was served on the 
                Federal flight deck officer. The hearing shall be held 
                at the officer's domicile or other location reasonably 
                convenient to the officer. The hearing shall be held on 
                a date which will not interfere with the officer's work 
                schedule. The Secretary shall provide the officer with 
                complete discovery, including all pertinent documents 
                and all pertinent allegations not previously supplied 
                in the written statement. The Secretary shall cause a 
                recording to be made of the hearing and shall promptly 
                supply a copy of the recording to the officer. The 
                members of the review board shall be reimbursed by the 
                Secretary for transportation and per diem as necessary. 
                The Secretary shall pay any reasonable rent or charge 
                necessary to use the premises where the hearing is 
                conducted.
                    ``(D) Findings of review board.--The review board 
                shall render findings of fact regarding the allegations 
                and shall decide whether any remedial training or 
                period of suspension is warranted. The Federal flight 
                deck officer shall not be required to take remedial 
                training or be suspended from duties as a Federal 
                flight deck officer unless and until the review board 
                so determines. The review board shall determine the 
                length, if any, of a suspension. No records or 
                information contained therein regarding any matter 
                arising under this subsection shall be disclosed to the 
                officer's employer, the Federal Aviation 
                Administration, or any other person or entity. If the 
                review board determines that the officer has 
                substantially prevailed in the proceeding, the review 
                board shall award the officer a reasonable attorney's 
                fee, and the Secretary shall be liable therefore.
                    ``(E) Appeal or review board decision.--A Federal 
                flight deck officer may appeal an adverse decision of 
                the review board within 60 days after the decision by 
                filing a petition with the United States district court 
                for the district in which the officer resides or has a 
                principal place of business or in the District of 
                Columbia for a de novo judicial review of such adverse 
                determination. In a proceeding conducted under this 
                subsection, the court may consider any evidence 
                submitted by the parties to the proceeding whether or 
                not such evidence was considered previously. If the 
                court decides that the review board's findings of fact 
                regarding the allegations or decision imposing remedial 
                training or a period of suspension were unwarranted, 
                the court shall order the Secretary to take such action 
                as may be necessary to comply with the judgment of the 
                court.''.

SEC. 10. OTHER AUTHORITIES.

    Section 44921, as amended by sections 3 through 9 of this Act, is 
further amended by adding at the end the following new subsections:
    ``(o) Credentials.--The Secretary shall issue to each Federal 
flight deck officer standard Federal law enforcement credentials, 
including a distinctive metal badge, that are similar to the 
credentials issued to other Federal law enforcement officers.
    ``(p) Acting Against Terrorism.--Nothing in this title or any other 
provision of law shall prohibit a Federal flight deck officer from 
acting reasonably to prevent an act of terrorism or otherwise to defend 
life when outside the flight deck of an aircraft.
    ``(q) Security Inspections.--A Federal flight deck officer may not 
be subject to greater routine security inspection or screening 
protocols at or in the vicinity of an airport than the protocols that 
apply to other Federal law enforcement officers.
    ``(r) Federal Flight Deck Officers not on Duty.--Nothing in this 
title or any other provision of law shall be construed to prohibit a 
Federal flight deck officer who is not on duty from carrying a firearm.
    ``(s) Sensitive Security Information.--
            ``(1) Access procedures.--Not later than 180 days after the 
        date of enactment of the Cockpit Security Technical Corrections 
        and Improvements Act of 2004, the Secretary shall, by 
        regulation, establish procedures to govern access by Federal 
        flight deck officers to sensitive security information that 
        shall be binding upon all such flight deck officers. Federal 
        flight deck officers shall be given reasonable and specific 
        notice of the information deemed sensitive security information 
        by the Secretary.
            ``(2) Uniform minimum standards.--The Secretary shall 
        establish uniform minimum standards to ensure that Federal 
        flight deck officers whose access to sensitive security 
        information is being denied or terminated are appropriately 
        advised of the reasons for such denial or termination and are 
        provided an adequate opportunity to respond to all adverse 
        information which forms the basis for such denial or 
        termination before final action by the department or agency 
        concerned.
    ``(t) Access to Security and Threat Information.--The Secretary 
shall establish procedures to ensure that Federal flight deck officers 
and in-flight security coordinators have access to security directives, 
information circulars, and other relevant threat and security 
information. Such procedures may require the air carrier employing the 
Federal flight deck officer or in-flight security coordinator to 
provide this information to such officers and coordinators.
    ``(u) Disclosures to Congress.--Nothing in this title or any other 
provision of law shall prevent a Federal flight deck officer from 
disclosing facts, data, procedures, or any other information about the 
Federal flight deck officer program to a Member or committee of 
Congress.''.

SEC. 11. REPORTS TO CONGRESS REGARDING THE FEDERAL FLIGHT DECK OFFICER 
              PROGRAM.

    (a) In General.--Section 44921, as amended by sections 3 through 10 
of this Act, is further amended by adding at the end the following new 
subsection:
    ``(v) Reports to Congress.--
            ``(1) Requirement.--Not less often than once every 3 
        months, the Secretary, in consultation with the Secretary of 
        State, shall report to Congress on the Federal flight deck 
        officer program carried out under this section.
            ``(2) Content.--A report submitted under paragraph (1) 
        shall include--
                    ``(A) the number of pilots who have applied to the 
                Federal flight deck officer program under this section;
                    ``(B) the number of pilots deputized under the 
                program;
                    ``(C) any delays in training or deputizing Federal 
                flight deck officers;
                    ``(D) the criteria used to approve a facility to 
                provide requalification training to Federal flight deck 
                officers under subsection (c)(8)(C);
                    ``(E) the number of facilities that have applied to 
                provide such initial and requalification training and 
                the names of the facilities that are approved to 
                provide such initial and requalification training; and
                    ``(F) the progress that the Secretary of State has 
                made in implementing international agreements that 
                permit Federal flight deck officers to carry firearms 
                on board an aircraft operating within the jurisdiction 
                of a foreign country.''.
    (b) Initial Report.--Not later than 60 days after the date of 
enactment of this Act, the Secretary of Homeland Security shall submit 
to Congress the initial report required by section 44921(v), as added 
by subsection (a).

SEC. 12. PROMOTION OF FEDERAL FLIGHT DECK OFFICER PROGRAM.

    (a) Requirement to Promote.--Not later than 30 days after the date 
of enactment of this Act, the Secretary of Homeland Security shall 
publish in the Federal Register and use other appropriate methods to 
promote and publicize the Federal fight deck officer program.
    (b) Purpose of Promotion.--The purposes of the publication and 
promotion described in subsection (a) are--
            (1) to inform aircraft pilots about the Federal flight deck 
        officer program; and
            (2) to encourage qualified pilots to apply to enter the 
        Federal flight deck officer training program.

SEC. 13. ADDITIONAL REPORTS TO CONGRESS.

    (a) Department of Justice Feasibility Report.--Not later than 90 
days after the date of enactment of this Act, the Attorney General 
shall submit to Congress a report on the feasibility of the Department 
of Justice to assume responsibility for administration of the Federal 
flight deck officer program. Such report shall identify the agency or 
bureau within the Department of Justice which would be best suited to 
administer the Federal flight deck officer program.
    (b) Law Enforcement Officer Verification System.--Not later than 90 
days after the date of enactment of this Act, the Attorney General 
shall submit to Congress a report on the status and feasibility of 
implementing a program to verify the identity of personnel authorized 
to carry firearms aboard commercial aircraft, including the ability to 
implement such a system immediately utilizing commercially available 
components and existing technologies. Such report shall also include 
the feasibility of using biometric identification to verify the 
identity of authorized personnel.

SEC. 14. CONFORMING AMENDMENTS.

    Section 44921, as amended by sections 3 through 11, is further 
amended--
            (1) by striking ``Under Secretary of Transportation for 
        Security'' each place it appears and inserting ``Secretary'';
            (2) by striking ``Under Secretary'' and inserting 
        ``Secretary''; and
            (3) by striking subsection (b).
                                 <all>