Cockpit Security Technical Corrections and Improvements Act of 2004 - Amends Federal aviation law to revise requirements for the program for deputizing eligible pilots as Federal law enforcement officers (Federal flight deck officers) to defend against acts of criminal violence or air piracy. Shifts responsibility for the program from the Under Secretary of Transportation for Security of the Transportation Security Administration (TSA) to the Secretary of Homeland Security. Revises eligibility requirements for pilots to be a Federal flight deck officer, adding mental standards and firearms training. Makes a special exception from ordinary requirements for certain active or reserve members of the armed forces or a Federal, State, or local law enforcement agency.
Revises certain Federal flight deck officer training requirements and adds requalification training requirements.
Revises requirements for the carrying of firearms by Federal flight deck officers outside of the United States, including designation as Federal air marshals, and the authority to use force to defend an aircraft against terrorism by a Federal flight deck officer.
Extends to entities and individuals the prohibition (currently limited to air carriers) against prohibiting a pilot employed by an air carrier from becoming or threatening retaliatory action against such a pilot for becoming a Federal flight deck officer. Specifies further prohibited disciplinary actions.
Authorizes a Federal flight deck officer or pilot who is adversely affected by a failure by the Secretary to comply with any requirements under this Act to file a petition for judicial review with the appropriate U.S. district court.
Sets forth requirements to: (1) prohibit the disclosure of information related to a pilot's participation in the Federal flight deck officer program; (2) provide certain adjudication procedures for pilots who have been determined ineligible to be a Federal flight deck officer or has had other adverse action taken against them; (3) provide certain authorities with respect to Federal flight deck officers, including issuance of credentials, use of force to prevent terrorism or defend life, exposure to security inspections, and access to sensitive security information; (4) require certain reports to Congress on the Federal flight deck officer program; and (5) require the Secretary to promote and publicize the Federal flight deck officer program.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2268 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2268
To provide for recruiting, training, and deputizing persons for the
Federal flight deck officer program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 1, 2004
Mr. Bunning (for himself, Mrs. Boxer, and Mr. Burns) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
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
flight 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>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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