II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cockpit Security Tech5 nical Corrections and Improvements Act of 2004’’. 

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

7 Except as otherwise specifically provided, whenever in 

8 this Act an amendment or repeal is expressed in terms 

9 of an amendment to, or repeal of, a section or other provi10 sion of law, the reference shall be considered to be made 
2 

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1 to a section or other provision of title 49, United States 

2 Code. 

3 SEC. 3. ELIGIBILITY FOR THE FEDERAL FLIGHT DECK OF4 FICER PROGRAM. 

5 (a) IN GENERAL.—Section 44921(a) is amended to 

6 read as follows: 

7 ‘‘(a) ESTABLISHMENT; DEFINITIONS.— 

8 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

9 Security shall establish the Federal flight deck offi10 cer program to deputize eligible pilots as Federal 

11 law enforcement officers to defend against acts of 

12 criminal violence or air piracy. Such an officer shall 

13 be known as a ‘Federal flight deck officer’. 

14 ‘‘(2) DEFINITIONS.—In this section: 

15 ‘‘(A) AIR TRANSPORTATION.—The term 

16 ‘air transportation’ includes all-cargo air trans17 portation. 

18 ‘‘(B) PILOT.—The term ‘pilot’ means an 

19 individual who— 

20 ‘‘(i) is employed by an air carrier that 

21 provides air transportation or intrastate 

22 air transportation; and 

23 ‘‘(ii)(I) has final authority and re24 sponsibility for the operation and safety of 

25 the flight; or 
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1 ‘‘(II) is otherwise a member of the 

2 flight deck crew. 

3 ‘‘(C) PROGRAM.—The term ‘program’ 

4 means the Federal flight deck officer program 

5 established under paragraph (1). 

6 ‘‘(D) SECRETARY.—The term ‘Secretary’ 

7 means the Secretary of Homeland Security.’’. 

8 (b) ELIGIBILITY CRITERIA.—Section 44921(d) is 

9 amended to read as follows: 

10 ‘‘(d) ELIGIBILITY.— 

11 ‘‘(1) CRITERIA.—A pilot is eligible to be a Fed12 eral flight deck officer under this section if the 

13 pilot— 

14 ‘‘(A) submits an application to the Sec15 retary; 

16 ‘‘(B) may lawfully transport in interstate 

17 or foreign commerce, and possess in commerce 

18 a firearm or ammunition under Federal law; 

19 ‘‘(C)(i) has successfully completed the Fed20 eral flight deck officer training required by the 

21 Secretary; or 

22 ‘‘(ii) is eligible to be deputized prior to 

23 completing the Federal flight deck officer train24 ing pursuant to paragraph (2); and 
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1 ‘‘(D) presents a valid First-Class Airman 

2 Medical Certificate or Second-Class Airman 

3 Medical Certificate indicating that the pilot has 

4 met the mental standards prescribed in part 67 

5 of title 14, Code of Federal Regulations, that 

6 applied on December 31, 2003. 

7 ‘‘(2) EXCEPTION FOR CERTAIN PILOTS.— 

8 ‘‘(A) IN GENERAL.—A pilot is eligible to 

9 be deputized prior to the pilot completing the 

10 Federal flight deck officer training if the 

11 pilot— 

12 ‘‘(i)(I) is or has been an active or re13 serve member of the United States Armed 

14 Forces, the National Guard, or a Federal, 

15 State, or local law enforcement agency; 

16 ‘‘(II) provides evidence of satisfactory 

17 completion of firearms training by an enti18 ty that is approved for requalification 

19 training under subsection (c) during the 

20 12-month period ending on the date the 

21 Secretary receives the application sub22 mitted by the pilot; and 

23 ‘‘(III) presents a valid First-Class 

24 Airman Medical Certificate or Second25 Class Airman Medical Certificate indi-
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1 cating that the pilot has met the mental 

2 standards prescribed in part 67 of title 14, 

3 Code of Federal Regulations, that applied 

4 on December 31, 2003; or 

5 ‘‘(ii)(I) during the 90-day period be6 ginning on the date the Secretary receives 

7 the application submitted by the pilot, is 

8 not offered Federal flight deck officer 

9 training; 

10 ‘‘(II) provides evidence of satisfactory 

11 completion of firearms training by an enti12 ty that is approved for requalification 

13 training under subsection (c)— 

14 ‘‘(aa) during the 12-month period 

15 ending on the date the Secretary re16 ceives an application submitted by the 

17 pilot; or 

18 ‘‘(bb) during the 120-day period 

19 beginning on the date the Secretary 

20 receives an application submitted by 

21 the pilot; and 

22 ‘‘(III) presents a valid First-Class 

23 Airman Medical Certificate or Second24 Class Airman Medical Certificate indi25 cating that the pilot has met the mental 
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1 standards prescribed in part 67 of title 14, 

2 Code of Federal Regulations, that applied 

3 on December 31, 2003. 

4 ‘‘(B) REQUIREMENT FOR TRAINING.—A 

5 pilot who is eligible to be deputized prior to 

6 completing the Federal flight deck officer train7 ing pursuant to this paragraph shall begin such 

8 training not later than 180 days after the date 

9 the pilot is deputized as a Federal flight deck 

10 officer. 

11 ‘‘(3) DEPUTIZATION BY OTHER FEDERAL AGEN12 CIES.—The Secretary may request another Federal 

13 agency to deputize, as Federal flight deck officers 

14 under this section, those pilots that the Secretary 

15 determines are qualified to be such officers. 

16 ‘‘(4) TIMING.—The Secretary shall immediately 

17 deputize a pilot who is eligible under this subsection 

18 as a Federal flight deck officer. 

19 ‘‘(5) OTHER REQUIREMENTS.—The Secretary 

20 may not impose any eligibility requirements for a 

21 pilot to be deputized or remain deputized as a Fed22 eral flight deck officer other than the requirements 

23 described in this subsection.’’. 
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1 (c) CONFORMING AMENDMENT.—Section 44921 is 

2 amended by striking subsection (k) and inserting the fol3 lowing: 

4 ‘‘(k) APPLICABILITY.—This section shall not apply to 

5 air carriers operating under part 135 of title 14, Code of 

6 Federal Regulations, and to pilots employed by such car7 riers to the extent that such carriers and pilots are covered 

8 by section 135.119 of such title or any successor to such 

9 section.’’. 

10 (d) CONFORMING AMENDMENT.—Section 

11 44921(b)(4) is repealed. 

12 SEC. 4. FEDERAL FLIGHT DECK OFFICER TRAINING AND 

13 REQUALIFICATION TRAINING. 

14 (a) IN GENERAL.—Paragraph (1) of section 

15 44921(c) is amended to read as follows: 

16 ‘‘(1) IN GENERAL.—The Secretary shall provide 

17 the training, supervision, and equipment necessary 

18 for a pilot to be a Federal flight deck officer under 

19 this section.’’. 

20 (b) TRAINING AND REQUALIFICATION REQUIRE21 MENTS.—Section 44921(c) is amended by adding at the 

22 end the following new paragraphs: 

23 ‘‘(3) INITIATION OF TRAINING.—The Secretary 

24 shall— 
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1 ‘‘(A) not later than 30 days after the date 

2 that the Secretary receives an application sub3 mitted by a pilot, determine if the pilot is eligi4 ble to receive Federal flight deck officer train5 ing under this title; and 

6 ‘‘(B) if the pilot is eligible, not later than 

7 90 days after the date that the Secretary re8 ceives an application submitted by the pilot, 

9 begin training the pilot as a Federal flight deck 

10 officer. 

11 ‘‘(4) TRAINING BY OTHER ENTITIES.—The 

12 training of a Federal flight deck officer may be con13 ducted by— 

14 ‘‘(A) the Secretary; 

15 ‘‘(B) the Director of the Federal Bureau of 

16 Investigation; or 

17 ‘‘(C) a private training facility approved by 

18 the Secretary. 

19 ‘‘(5) LOCATION OF TRAINING.—The Secretary 

20 shall ensure that— 

21 ‘‘(A) Federal flight deck officer training is 

22 conducted at facilities located throughout the 

23 United States; and 

24 ‘‘(B) that a pilot who is eligible to receive 

25 Federal flight deck officer training is offered a 
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1 choice of training locations and dates and is 

2 provided at least 30 days advance notice of 

3 such locations and dates. 

4 ‘‘(6) REQUALIFICATION TRAINING.— 

5 ‘‘(A) REQUIREMENT FOR REQUALIFICA6 TION.—The Secretary shall require a Federal 

7 flight deck officer to successfully complete re8 qualification training. Such requalification 

9 training shall occur at such intervals as may be 

10 required by the Secretary. 

11 ‘‘(B) REQUALIFICATION TRAINING BY

12 OTHER ENTITIES.—The requalification training 

13 of a Federal flight deck officer may be con14 ducted by— 

15 ‘‘(i) the Secretary; 

16 ‘‘(ii) the Director of the Federal Bu17 reau of Investigation; or 

18 ‘‘(iii) a private training facility ap19 proved by the Secretary under subpara20 graph (C). 

21 ‘‘(C) PRIVATE TRAINING FACILITIES.—The 

22 Secretary shall approve the application of a pri23 vate training facility to provide requalification 

24 training to Federal flight deck officers if such 

25 facility— 
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1 ‘‘(i) is approved by a Federal agency 

2 or department to provide firearms training; 

3 ‘‘(ii) provides a training course that 

4 includes practical training in the firing of 

5 a handgun with live ammunition, training 

6 in the lawful and justifiable use of deadly 

7 force, and— 

8 ‘‘(I) qualifies Federal, State, or 

9 local law enforcement officers, secu10 rity guards, or private investigators; 

11 or 

12 ‘‘(II) provides a certificate of 

13 training or competence prior to the 

14 issuance of a license or permit to 

15 carry a handgun; or 

16 ‘‘(iii) meets any other qualifications 

17 determined in the Secretary’s discretion. 

18 ‘‘(D) PUBLICATION OF REQUALIFICATION

19 TRAINING FACILITIES.—The Secretary shall 

20 make readily available to pilots the list of facili21 ties approved to provide requalification training 

22 under this paragraph. Such list shall also be 

23 available through the Internet. 

24 ‘‘(7) COSTS OF TRAINING.— 
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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 provide Federal flight deck officer training or 

3 requalification training to eligible pilots at no 

4 cost to the pilots or the air carriers that employ 

5 such pilots. 

6 ‘‘(B) TRANSPORTATION AND EXPENSES.— 

7 Except as provided in subparagraph (C), the 

8 Secretary shall provide pilots receiving Federal 

9 flight deck officer training or requalification 

10 training, including training under subsection 

11 (d)(2)(A)(ii)(II)(bb), travel expenses, including 

12 per diem in lieu of subsistence, at rates author13 ized for employees of agencies under subchapter 

14 I of chapter 57 of title 5, United States Code, 

15 while away from their homes or regular places 

16 of business for the purpose of receiving such 

17 training. 

18 ‘‘(C) UNPAID LEAVE.—An air carrier that 

19 employs a pilot receiving Federal flight deck of20 ficer training or requalification training shall 

21 permit the pilot to take unpaid leave to partici22 pate in such training. 

23 ‘‘(8) PROHIBITION ON OTHER TRAINING RE24 QUIREMENTS.—The requirements for Federal flight 

25 deck officer training or requalification training may 
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1 not exceed the requirements, including the length of 

2 time of the training period, for successful completion 

3 of such training that applied on December 31, 

4 2003.’’. 

5 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

6 Section 44921(c)(2) is amended— 

7 (1) in subparagraph (A), by striking ‘‘mar8 shals;’’ and inserting ‘‘marshals,’’; and 

9 (2) by striking subparagraph (C) and inserting 

10 the following: 

11 ‘‘(C) TRAINING IN USE OF FIREARMS.—In 

12 order to complete training as a Federal flight 

13 deck officer, a pilot must achieve the level of 

14 proficiency with a firearm that is required by 

15 the Secretary. Such level shall be comparable to 

16 the level of proficiency required of other Fed17 eral law enforcement officers.’’. 

18 (d) REQUIREMENT TO PROMOTE REQUALIFICATION

19 FACILITIES.— 

20 (1) IN GENERAL.—Not later than 30 days after 

21 the date of enactment of this Act, the Secretary of 

22 Homeland Security shall publish in the Federal Reg23 ister and use other appropriate methods to promote 

24 and publicize the opportunity for private facilities to 

25 provide requalification training to Federal flight 
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1 deck officers under section 44921(c)(6), as added by 

2 subsection (b). 

3 (2) PURPOSE OF PROMOTION.—The purposes of 

4 the publication and promotion described in para5 graph (1) are— 

6 (A) to inform private facilities about the 

7 Federal flight deck officer program; and 

8 (B) to encourage such facilities to apply to 

9 provide requalification training to Federal flight 

10 deck officers. 

11 SEC. 5. AUTHORITY TO CARRY FIREARMS. 

12 (a) AMENDMENTS TO AUTHORITY.—Section 

13 44921(f) is amended to read as follows: 

14 ‘‘(f) AUTHORITY TO CARRY FIREARMS.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall author16 ize a Federal flight deck officer to carry a firearm 

17 on the officer’s person. Notwithstanding subsection 

18 (c)(1), the officer may purchase a firearm and carry 

19 that firearm in accordance with this section if the 

20 firearm is of a type that may be used under the pro21 gram. 

22 ‘‘(2) PREEMPTION.—Notwithstanding any other 

23 provision of Federal, State, or local law, a Federal 

24 flight deck officer may carry a firearm in any State 

25 and from one State to another State. 
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1 ‘‘(3) CARRYING FIREARMS OUTSIDE UNITED

2 STATES.— 

3 ‘‘(A) IN GENERAL.—When operating to, 

4 from, or within the jurisdiction of a foreign gov5 ernment where an agreement allowing a Fed6 eral flight deck officer to carry or possess a 

7 firearm is not in effect, a Federal flight deck 

8 officer shall be designated as a Federal air mar9 shal for the purposes of complying with inter10 national weapons carriage regulations and exist11 ing agreements with foreign governments. 

12 Nothing in this paragraph shall be construed to 

13 allow Federal flight deck officers to receive any 

14 other benefit of being so designated. 

15 ‘‘(B) REQUIREMENT TO NEGOTIATE

16 AGREEMENTS.—The Secretary of State shall 

17 negotiate agreements with foreign governments 

18 as necessary to allow Federal flight deck offi19 cers to carry and possess firearms within the 

20 jurisdictions of such foreign governments for 

21 protection of international flights against hi22 jackings or other terrorist acts. Any such agree23 ments shall provide Federal flight deck officers 

24 the same rights and privileges accorded Federal 

25 air marshals by such foreign governments. 
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1 ‘‘(4) DESCRIPTION OF AUTHORITY AND PROCE2 DURES.—The authority of a Federal flight deck offi3 cer to carry a firearm shall be identical to such au4 thority granted to any other Federal law enforce5 ment officer under Federal law. The operating pro6 cedures applicable to a Federal flight deck officer re7 lating to carrying such firearm shall be— 

8 ‘‘(A) identical to such procedures applica9 ble to any other Federal law enforcement officer 

10 under Federal law; and 

11 ‘‘(B) no more restrictive than the restric12 tions for carrying a firearm that are generally 

13 imposed on any other Federal law enforcement 

14 officer who has statutory authority to carry a 

15 firearm. 

16 ‘‘(5) LOCKED DEVICES.— 

17 ‘‘(A) NO REQUIREMENT TO USE.—A Fed18 eral flight deck officer may not be required to 

19 carry or transport a firearm in a locked bag, 

20 box, or container. 

21 ‘‘(B) REQUIREMENT TO PROVIDE.—Upon 

22 request of a Federal flight deck officer, the Sec23 retary shall provide a secure locking device or 

24 other appropriate container for storage of a 

25 firearm by the Federal flight deck officer. 
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1 ‘‘(6) AUTHORITY TO USE FORCE.—A Federal 

2 flight deck officer shall have authority to use reason3 able and necessary force, including lethal force, 

4 against an individual or individuals to defend an air5 craft, prevent terrorism, or otherwise defend life. 

6 ‘‘(7) INFORMATION TO OTHER ENTITIES.—The 

7 Secretary shall periodically provide information to 

8 relevant airport officials and personnel, and Federal, 

9 State, and local law enforcement authorities, regard10 ing the authority of a Federal flight deck officer to 

11 possess and carry a firearm on the officer’s per12 son.’’. 

13 (b) INITIAL REQUIREMENT TO PROVIDE INFORMA14 TION.—Not later than 60 days after the date of enactment 

15 of this Act, the Secretary of Homeland Security shall 

16 make the initial periodic provision of information de17 scribed in section 44921(f)(6), as added by subsection (a). 

18 SEC. 6. LIMITATION ON AUTHORITY OF AIR CARRIERS AND 

19 OTHER ENTITIES. 

20 Section 44921(j) is amended to read as follows: 

21 ‘‘(j) LIMITATION ON AUTHORITY OF AIR CARRIERS

22 AND OTHER ENTITIES.—No air carrier or other entity or 

23 individual shall prohibit or threaten any retaliatory action 

24 against a pilot employed by the air carrier from becoming 
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1 or serving as a Federal flight deck officer under this sec2 tion. No air carrier or other entity or individual shall— 

3 ‘‘(1) prohibit a Federal flight deck officer from 

4 piloting an aircraft operated by the air carrier; 

5 ‘‘(2) terminate the employment of a Federal 

6 flight deck officer on the basis of his or her volun7 teering for or participating in the program under 

8 this section; or 

9 ‘‘(3) take other disciplinary action against or 

10 otherwise interfere with such pilot on the basis of 

11 such pilot’s volunteering for or participating in the 

12 program under this section.’’. 

13 SEC. 7. AUTHORITY TO SUE. 

14 Section 44921, as amended by sections 3 through 6 

15 of this Act, is further amended by adding at the end the 

16 following new subsection: 

17 ‘‘(l) AUTHORITY TO SUE.— 

18 ‘‘(1) IN GENERAL.—A Federal flight deck offi19 cer or a pilot who is adversely affected by a failure 

20 by the Secretary to comply with any of the require21 ments of this section may file a petition for judicial 

22 review with the United States district court for the 

23 district in which the Federal flight deck officer or 

24 pilot resides or has a principal place of business or 

25 in the District of Columbia. 
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1 ‘‘(2) REMEDY.—If a United States court deter2 mines that the Secretary failed to comply with a re3 quirement of this section, the court shall order the 

4 Secretary to take such action as may be necessary 

5 to comply with such requirement. 

6 ‘‘(3) ATTORNEY’S FEES.—In any action or pro7 ceeding brought under this subsection, the United 

8 States court shall award a prevailing plaintiff rea9 sonable attorney’s fees incurred in bringing such ac10 tion or proceeding.’’. 

11 SEC. 8. PRIVACY OF FEDERAL FLIGHT DECK OFFICERS. 

12 Section 44921, as amended by sections 3 through 7 

13 of this Act, is further amended by adding at the end the 

14 following new subsection: 

15 ‘‘(m) PRIVACY OF FEDERAL FLIGHT DECK OFFI16 CERS.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), the Secretary may not disclose informa19 tion related to a pilot’s participation in the Federal 

20 flight deck officer program or the pilot’s application 

21 to participate in such program. 

22 ‘‘(2) EXCEPTIONS.—The Secretary may disclose 

23 information described in paragraph (1)— 

24 ‘‘(A) if the disclosure is required for the 

25 administration of this section; 
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1 ‘‘(B) in response to a pilot’s request that 

2 such information be disclosed to the air carrier 

3 that employs the pilot, if— 

4 ‘‘(i) the information is limited to the 

5 information specifically requested by the 

6 pilot; and 

7 ‘‘(ii) such air carrier does not disclose 

8 such information to third parties; or 

9 ‘‘(C) in response to a request for a law en10 forcement agency to confirm if a pilot is depu11 tized as a Federal flight deck officer. 

12 ‘‘(3) DISCLOSURE OF INFORMATION BY PI13 LOTS.—A pilot may disclose information as deter14 mined to be necessary by the pilot, including— 

15 ‘‘(A) in connection with the pilot’s duties 

16 as a Federal flight deck officer; 

17 ‘‘(B) to any law enforcement officer, air 

18 crew member, or legal advocate; and 

19 ‘‘(C) in order to receive supplemental 

20 training or equipment for use or to demonstrate 

21 or maintain proficiency as a Federal flight deck 

22 officer.’’. 
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1 SEC. 9. ADJUDICATION PROCEDURES. 

2 Section 44921, as amended by sections 3 through 8 

3 of this Act, is further amended by adding at the end the 

4 following new subsection: 

5 ‘‘(n) ADJUDICATION PROCEDURES.— 

6 ‘‘(1) DETERMINATION OF INELIGIBILITY AND

7 APPEAL.— 

8 ‘‘(A) IN GENERAL.—If the Secretary deter9 mines that a pilot is ineligible to be a Federal 

10 flight deck officer, or has become ineligible to 

11 remain a Federal flight deck officer, the Sec12 retary shall provide in writing the specific rea13 sons to such pilot within 5 days of such deter14 mination. Such pilot may submit to the Sec15 retary information to correct, clarify, or supple16 ment any pertinent records relied on for the ad17 verse determination. After receipt of such infor18 mation, the Secretary shall immediately con19 sider the information, investigate the matter 

20 further, correct all erroneous records relating to 

21 such person, give notice of the error to any 

22 Federal department or agency or any State that 

23 was the source of such erroneous records, and 

24 reconsider the adverse determination. Upon re25 quest by the aggrieved party, the Secretary 

26 shall promptly hold a hearing at a location and 
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1 on a date convenient to the aggrieved party to 

2 review the adverse determination. 

3 ‘‘(B) PETITION.—If the Secretary fails to 

4 reverse the adverse determination within 30 

5 days after receipt of such information or within 

6 30 days after any such hearing, whichever date 

7 is later, the aggrieved party may at any time 

8 within 60 days after the date such period ex9 pires file a petition with the United States dis10 trict court for the district in which the ag11 grieved party resides or has a principal place of 

12 business or in the District of Columbia for a de 

13 novo judicial review of such adverse determina14 tion. In a proceeding conducted under this sub15 section, the court may consider any evidence 

16 submitted by the parties to the proceeding 

17 whether or not such evidence was considered 

18 previously. If the court decides that the Sec19 retary was not authorized to determine or in20 correctly determined that the aggrieved party is 

21 ineligible to be a Federal flight deck officer, the 

22 court shall order the Secretary to take such ac23 tion as may be necessary to comply with the 

24 judgment of the court. 

25 ‘‘(2) OTHER ADVERSE ACTION.— 
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1 ‘‘(A) REMEDIATION TRAINING AND SUS2 PENSION.—If a Federal flight deck officer 

3 knowingly commits a serious or dangerous vio4 lation of standard operating procedures applica5 ble to Federal flight deck officers, the Secretary 

6 may order remedial training or may suspend 

7 such officer from the program for a period of 

8 no more than 1 year. If a Federal flight deck 

9 officer acts in a manner that is willfully and 

10 grossly negligent in relation to acting as a Fed11 eral flight deck officer, the Secretary may order 

12 remedial training or may suspend such officer 

13 from the program indefinitely, except that the 

14 suspended officer may seek reinstatement after 

15 1 year. No other penalty may be imposed by the 

16 Secretary. 

17 ‘‘(B) PROCEDURES.—If the Secretary be18 lieves that remedial training or suspension of a 

19 Federal flight deck officer is warranted under 

20 this paragraph, the Secretary shall serve a writ21 ten statement of the pertinent allegations to the 

22 Federal flight deck officer in question. If the 

23 Federal flight deck officer contests the allega24 tions, the remedial training, or the suspension, 

25 the matter shall be submitted for decision to a 
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1 review board. The officer who is the subject of 

2 the hearing may be represented by counsel, a 

3 union representative, or such other person of 

4 the officer’s choice. The review board shall con5 sist of— 

6 ‘‘(i) a Federal flight deck officer who 

7 shall be randomly selected and who is will8 ing to serve; 

9 ‘‘(ii) a designee of the Secretary; and 

10 ‘‘(iii) a representative of a neutral 

11 third-party acceptable to both the officer 

12 and the Secretary. 

13 ‘‘(C) ADDITIONAL PROCEDURES.—The 

14 hearing conducted by the review board may 

15 take place no less than 14 days from the date 

16 the written statement was served on the Fed17 eral flight deck officer. The hearing shall be 

18 held at the officer’s domicile or other location 

19 reasonably convenient to the officer. The hear20 ing shall be held on a date which will not inter21 fere with the officer’s work schedule. The Sec22 retary shall provide the officer with complete 

23 discovery, including all pertinent documents and 

24 all pertinent allegations not previously supplied 

25 in the written statement. The Secretary shall 
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1 cause a recording to be made of the hearing and 

2 shall promptly supply a copy of the recording to 

3 the officer. The members of the review board 

4 shall be reimbursed by the Secretary for trans5 portation and per diem as necessary. The Sec6 retary shall pay any reasonable rent or charge 

7 necessary to use the premises where the hearing 

8 is conducted. 

9 ‘‘(D) FINDINGS OF REVIEW BOARD.—The 

10 review board shall render findings of fact re11 garding the allegations and shall decide whether 

12 any remedial training or period of suspension is 

13 warranted. The Federal flight deck officer shall 

14 not be required to take remedial training or be 

15 suspended from duties as a Federal flight deck 

16 officer unless and until the review board so de17 termines. The review board shall determine the 

18 length, if any, of a suspension. No records or 

19 information contained therein regarding any 

20 matter arising under this subsection shall be 

21 disclosed to the officer’s employer, the Federal 

22 Aviation Administration, or any other person or 

23 entity. If the review board determines that the 

24 officer has substantially prevailed in the pro25 ceeding, the review board shall award the offi-
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1 cer a reasonable attorney’s fee, and the Sec2 retary shall be liable therefore. 

3 ‘‘(E) APPEAL OR REVIEW BOARD DECI4 SION.—A Federal flight deck officer may appeal 

5 an adverse decision of the review board within 

6 60 days after the decision by filing a petition 

7 with the United States district court for the 

8 district in which the officer resides or has a 

9 principal place of business or in the District of 

10 Columbia for a de novo judicial review of such 

11 adverse determination. In a proceeding con12 ducted under this subsection, the court may 

13 consider any evidence submitted by the parties 

14 to the proceeding whether or not such evidence 

15 was considered previously. If the court decides 

16 that the review board’s findings of fact regard17 ing the allegations or decision imposing reme18 dial training or a period of suspension were un19 warranted, the court shall order the Secretary 

20 to take such action as may be necessary to com21 ply with the judgment of the court.’’. 

22 SEC. 10. OTHER AUTHORITIES. 

23 Section 44921, as amended by sections 3 through 9 

24 of this Act, is further amended by adding at the end the 

25 following new subsections: 
26 

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1 ‘‘(o) CREDENTIALS.—The Secretary shall issue to 

2 each Federal flight deck officer standard Federal law en3 forcement credentials, including a distinctive metal badge, 

4 that are similar to the credentials issued to other Federal 

5 law enforcement officers. 

6 ‘‘(p) ACTING AGAINST TERRORISM.—Nothing in this 

7 title or any other provision of law shall prohibit a Federal 

8 flight deck officer from acting reasonably to prevent an 

9 act of terrorism or otherwise to defend life when outside 

10 the flight deck of an aircraft. 

11 ‘‘(q) SECURITY INSPECTIONS.—A Federal flight deck 

12 officer may not be subject to greater routine security in13 spection or screening protocols at or in the vicinity of an 

14 airport than the protocols that apply to other Federal law 

15 enforcement officers. 

16 ‘‘(r) FEDERAL FLIGHT DECK OFFICERS NOT ON

17 DUTY.—Nothing in this title or any other provision of law 

18 shall be construed to prohibit a Federal flight deck officer 

19 who is not on duty from carrying a firearm. 

20 ‘‘(s) SENSITIVE SECURITY INFORMATION.— 

21 ‘‘(1) ACCESS PROCEDURES.—Not later than 

22 180 days after the date of enactment of the Cockpit 

23 Security Technical Corrections and Improvements 

24 Act of 2004, the Secretary shall, by regulation, es25 tablish procedures to govern access by Federal flight 
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1 deck officers to sensitive security information that 

2 shall be binding upon all such flight deck officers. 

3 Federal flight deck officers shall be given reasonable 

4 and specific notice of the information deemed sen5 sitive security information by the Secretary. 

6 ‘‘(2) UNIFORM MINIMUM STANDARDS.—The 

7 Secretary shall establish uniform minimum stand8 ards to ensure that Federal flight deck officers 

9 whose access to sensitive security information is 

10 being denied or terminated are appropriately advised 

11 of the reasons for such denial or termination and are 

12 provided an adequate opportunity to respond to all 

13 adverse information which forms the basis for such 

14 denial or termination before final action by the de15 partment or agency concerned. 

16 ‘‘(t) ACCESS TO SECURITY AND THREAT INFORMA17 TION.—The Secretary shall establish procedures to ensure 

18 that Federal flight deck officers and in-flight security co19 ordinators have access to security directives, information 

20 circulars, and other relevant threat and security informa21 tion. Such procedures may require the air carrier employ22 ing the Federal flight deck officer or in-flight security co23 ordinator to provide this information to such officers and 

24 coordinators. 
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1 ‘‘(u) DISCLOSURES TO CONGRESS.—Nothing in this 

2 title or any other provision of law shall prevent a Federal 

3 flight deck officer from disclosing facts, data, procedures, 

4 or any other information about the Federal flight deck of5 ficer program to a Member or committee of Congress.’’. 

6 SEC. 11. REPORTS TO CONGRESS REGARDING THE FED7 ERAL FLIGHT DECK OFFICER PROGRAM. 

8 (a) IN GENERAL.—Section 44921, as amended by 

9 sections 3 through 10 of this Act, is further amended by 

10 adding at the end the following new subsection: 

11 ‘‘(v) REPORTS TO CONGRESS.— 

12 ‘‘(1) REQUIREMENT.—Not less often than once 

13 every 3 months, the Secretary, in consultation with 

14 the Secretary of State, shall report to Congress on 

15 the Federal flight deck officer program carried out 

16 under this section. 

17 ‘‘(2) CONTENT.—A report submitted under 

18 paragraph (1) shall include— 

19 ‘‘(A) the number of pilots who have applied 

20 to the Federal flight deck officer program 

21 under this section; 

22 ‘‘(B) the number of pilots deputized under 

23 the program; 

24 ‘‘(C) any delays in training or deputizing 

25 Federal flight deck officers; 
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1 ‘‘(D) the criteria used to approve a facility 

2 to provide requalification training to Federal 

3 flight deck officers under subsection (c)(8)(C); 

4 ‘‘(E) the number of facilities that have ap5 plied to provide such initial and requalification 

6 training and the names of the facilities that are 

7 approved to provide such initial and requalifica8 tion training; and 

9 ‘‘(F) the progress that the Secretary of 

10 State has made in implementing international 

11 agreements that permit Federal flight deck offi12 cers to carry firearms on board an aircraft op13 erating within the jurisdiction of a foreign 

14 country.’’. 

15 (b) INITIAL REPORT.—Not later than 60 days after 

16 the date of enactment of this Act, the Secretary of Home17 land Security shall submit to Congress the initial report 

18 required by section 44921(v), as added by subsection (a). 

19 SEC. 12. PROMOTION OF FEDERAL FLIGHT DECK OFFICER 

20 PROGRAM. 

21 (a) REQUIREMENT TO PROMOTE.—Not later than 30 

22 days after the date of enactment of this Act, the Secretary 

23 of Homeland Security shall publish in the Federal Reg24 ister and use other appropriate methods to promote and 

25 publicize the Federal fight deck officer program. 
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1 (b) PURPOSE OF PROMOTION.—The purposes of the 

2 publication and promotion described in subsection (a) 

3 are— 

4 (1) to inform aircraft pilots about the Federal 

5 flight deck officer program; and 

6 (2) to encourage qualified pilots to apply to 

7 enter the Federal flight deck officer training pro8 gram. 

9 SEC. 13. ADDITIONAL REPORTS TO CONGRESS. 

10 (a) DEPARTMENT OF JUSTICE FEASIBILITY RE11 PORT.—Not later than 90 days after the date of enact12 ment of this Act, the Attorney General shall submit to 

13 Congress a report on the feasibility of the Department of 

14 Justice to assume responsibility for administration of the 

15 Federal flight deck officer program. Such report shall 

16 identify the agency or bureau within the Department of 

17 Justice which would be best suited to administer the Fed18 eral flight deck officer program. 

19 (b) LAW ENFORCEMENT OFFICER VERIFICATION

20 SYSTEM.—Not later than 90 days after the date of enact21 ment of this Act, the Attorney General shall submit to 

22 Congress a report on the status and feasibility of imple23 menting a program to verify the identity of personnel au24 thorized to carry firearms aboard commercial aircraft, in25 cluding the ability to implement such a system imme-
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1 diately utilizing commercially available components and 

2 existing technologies. Such report shall also include the 

3 feasibility of using biometric identification to verify the 

4 identity of authorized personnel. 

5 SEC. 14. CONFORMING AMENDMENTS. 

6 Section 44921, as amended by sections 3 through 11, 

7 is further amended— 

8 (1) by striking ‘‘Under Secretary of Transpor9 tation for Security’’ each place it appears and insert10 ing ‘‘Secretary’’; 

11 (2) by striking ‘‘Under Secretary’’ and inserting 

12 ‘‘Secretary’’; and 

13 (3) by striking subsection (b). 

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