I 

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. 

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 
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1 of an amendment to, or repeal of, a section or other provi2 sion of law, the reference shall be considered to be made 

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

4 Code. 

5 SEC. 3. ELIGIBILITY FOR THE FEDERAL FLIGHT DECK OF6 FICER PROGRAM. 

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

8 read as follows: 

9 ‘‘(a) ESTABLISHMENT; DEFINITIONS.— 

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

11 Security shall establish the Federal flight deck offi12 cer program to deputize eligible pilots as Federal 

13 law enforcement officers to defend against acts of 

14 criminal violence or air piracy. Such an officer shall 

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

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

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

18 ‘air transportation’ includes all-cargo air trans19 portation. 

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

21 individual who— 

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

23 provides air transportation or intrastate 

24 air transportation; and 
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1 ‘‘(ii)(I) has final authority and re2 sponsibility for the operation and safety of 

3 the flight; or 

4 ‘‘(II) is otherwise a member of the 

5 flight deck crew. 

6 ‘‘(C) PROGRAM.—The term ‘program’ 

7 means the Federal flight deck officer program 

8 established under paragraph (1). 

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

10 means the Secretary of Homeland Security.’’. 

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

12 amended to read as follows: 

13 ‘‘(d) ELIGIBILITY.— 

14 ‘‘(1) CRITERIA.—A pilot is eligible to be a Fed15 eral flight deck officer under this section if the 

16 pilot— 

17 ‘‘(A) submits an application to the Sec18 retary; 

19 ‘‘(B) may lawfully transport in interstate 

20 or foreign commerce, and possess in commerce 

21 a firearm or ammunition under Federal law; 

22 ‘‘(C)(i) has successfully completed the Fed23 eral flight deck officer training required by the 

24 Secretary; or 
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1 ‘‘(ii) is eligible to be deputized prior to 

2 completing the Federal flight deck officer train3 ing pursuant to paragraph (2); and 

4 ‘‘(D) presents a valid First-Class Airman 

5 Medical Certificate or Second-Class Airman 

6 Medical Certificate indicating that the pilot has 

7 met the mental standards prescribed in part 67 

8 of title 14, Code of Federal Regulations, that 

9 applied on December 31, 2003. 

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

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

12 be deputized prior to the pilot completing the 

13 Federal flight deck officer training if the 

14 pilot— 

15 ‘‘(i)(I) is or has been an active or re16 serve member of the United States Armed 

17 Forces, the National Guard, or a Federal, 

18 State, or local law enforcement agency; 

19 ‘‘(II) provides evidence of satisfactory 

20 completion of firearms training by an enti21 ty that is approved for requalification 

22 training under subsection (c) during the 

23 12-month period ending on the date the 

24 Secretary receives the application sub25 mitted by the pilot; and 
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1 ‘‘(III) presents a valid First-Class 

2 Airman Medical Certificate or Second3 Class Airman Medical Certificate indi4 cating that the pilot has met the mental 

5 standards prescribed in part 67 of title 14, 

6 Code of Federal Regulations, that applied 

7 on December 31, 2003; or 

8 ‘‘(ii)(I) during the 90-day period be9 ginning on the date the Secretary receives 

10 the application submitted by the pilot, is 

11 not offered Federal flight deck officer 

12 training; 

13 ‘‘(II) provides evidence of satisfactory 

14 completion of firearms training by an enti15 ty that is approved for requalification 

16 training under subsection (c)— 

17 ‘‘(aa) during the 12-month period 

18 ending on the date the Secretary re19 ceives an application submitted by the 

20 pilot; or 

21 ‘‘(bb) during the 120-day period 

22 beginning on the date the Secretary 

23 receives an application submitted by 

24 the pilot; and 
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1 ‘‘(III) presents a valid First-Class 

2 Airman Medical Certificate or Second3 Class Airman Medical Certificate indi4 cating that the pilot has met the mental 

5 standards prescribed in part 67 of title 14, 

6 Code of Federal Regulations, that applied 

7 on December 31, 2003. 

8 ‘‘(B) REQUIREMENT FOR TRAINING.—A 

9 pilot who is eligible to be deputized prior to 

10 completing the Federal flight deck officer train11 ing pursuant to this paragraph shall begin such 

12 training not later than 180 days after the date 

13 the pilot is deputized as a Federal flight deck 

14 officer. 

15 ‘‘(3) DEPUTIZATION BY OTHER FEDERAL AGEN16 CIES.—The Secretary may request another Federal 

17 agency to deputize, as Federal flight deck officers 

18 under this section, those pilots that the Secretary 

19 determines are qualified to be such officers. 

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

21 deputize a pilot who is eligible under this subsection 

22 as a Federal flight deck officer. 

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

24 may not impose any eligibility requirements for a 

25 pilot to be deputized or remain deputized as a Fed-
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1 eral flight deck officer other than the requirements 

2 described in this subsection.’’. 

3 (c) CONFORMING AMENDMENT.—Section 44921 is 

4 amended by striking subsection (k) and inserting the fol5 lowing: 

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

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

8 Federal Regulations, and to pilots employed by such car9 riers to the extent that such carriers and pilots are covered 

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

11 section.’’. 

12 (d) CONFORMING AMENDMENT.—Section 

13 44921(b)(4) is repealed. 

14 SEC. 4. FEDERAL FLIGHT DECK OFFICER TRAINING AND 

15 REQUALIFICATION TRAINING. 

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

17 44921(c) is amended to read as follows: 

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

19 the training, supervision, and equipment necessary 

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

21 this section.’’. 

22 (b) TRAINING AND REQUALIFICATION REQUIRE23 MENTS.—Section 44921(c) is amended by adding at the 

24 end the following new paragraphs: 
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1 ‘‘(3) INITIATION OF TRAINING.—The Secretary 

2 shall— 

3 ‘‘(A) not later than 30 days after the date 

4 that the Secretary receives an application sub5 mitted by a pilot, determine if the pilot is eligi6 ble to receive Federal flight deck officer train7 ing under this title; and 

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

9 90 days after the date that the Secretary re10 ceives an application submitted by the pilot, 

11 begin training the pilot as a Federal flight deck 

12 officer. 

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

14 training of a Federal flight deck officer may be con15 ducted by— 

16 ‘‘(A) the Secretary; 

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

18 Investigation; or 

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

20 the Secretary. 

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

22 shall ensure that— 

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

24 conducted at facilities located throughout the 

25 United States; and 
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1 ‘‘(B) that a pilot who is eligible to receive 

2 Federal flight deck officer training is offered a 

3 choice of training locations and dates and is 

4 provided at least 30 days advance notice of 

5 such locations and dates. 

6 ‘‘(6) REQUALIFICATION TRAINING.— 

7 ‘‘(A) REQUIREMENT FOR REQUALIFICA8 TION.—The Secretary shall require a Federal 

9 flight deck officer to successfully complete re10 qualification training. Such requalification 

11 training shall occur at such intervals as may be 

12 required by the Secretary. 

13 ‘‘(B) REQUALIFICATION TRAINING BY

14 OTHER ENTITIES.—The requalification training 

15 of a Federal flight deck officer may be con16 ducted by— 

17 ‘‘(i) the Secretary; 

18 ‘‘(ii) the Director of the Federal Bu19 reau of Investigation; or 

20 ‘‘(iii) a private training facility ap21 proved by the Secretary under subpara22 graph (C). 

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

24 Secretary shall approve the application of a pri25 vate training facility to provide requalification 
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1 training to Federal flight deck officers if such 

2 facility— 

3 ‘‘(i) is approved by a Federal agency 

4 or department to provide firearms training; 

5 ‘‘(ii) provides a training course that 

6 includes practical training in the firing of 

7 a handgun with live ammunition, training 

8 in the lawful and justifiable use of deadly 

9 force, and— 

10 ‘‘(I) qualifies Federal, State, or 

11 local law enforcement officers, secu12 rity guards, or private investigators; 

13 or 

14 ‘‘(II) provides a certificate of 

15 training or competence prior to the 

16 issuance of a license or permit to 

17 carry a handgun; or 

18 ‘‘(iii) meets any other qualifications 

19 determined in the Secretary’s discretion. 

20 ‘‘(D) PUBLICATION OF REQUALIFICATION

21 TRAINING FACILITIES.—The Secretary shall 

22 make readily available to pilots the list of facili23 ties approved to provide requalification training 

24 under this paragraph. Such list shall also be 

25 available through the Internet. 
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1 ‘‘(7) COSTS OF TRAINING.— 

2 ‘‘(A) IN GENERAL.—The Secretary shall 

3 provide Federal flight deck officer training or 

4 requalification training to eligible pilots at no 

5 cost to the pilots or the air carriers that employ 

6 such pilots. 

7 ‘‘(B) TRANSPORTATION AND EXPENSES.— 

8 Except as provided in subparagraph (C), the 

9 Secretary shall provide pilots receiving Federal 

10 flight deck officer training or requalification 

11 training, including training under subsection 

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

13 per diem in lieu of subsistence, at rates author14 ized for employees of agencies under subchapter 

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

16 while away from their homes or regular places 

17 of business for the purpose of receiving such 

18 training. 

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

20 employs a pilot receiving Federal flight deck of21 ficer training or requalification training shall 

22 permit the pilot to take unpaid leave to partici23 pate in such training. 

24 ‘‘(8) PROHIBITION ON OTHER TRAINING RE25 QUIREMENTS.—The requirements for Federal flight 
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1 deck officer training or requalification training may 

2 not exceed the requirements, including the length of 

3 time of the training period, for successful completion 

4 of such training that applied on December 31, 

5 2003.’’. 

6 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

7 Section 44921(c)(2) is amended— 

8 (1) in subparagraph (A), by striking ‘‘mar9 shals;’’ and inserting ‘‘marshals,’’; and 

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

11 the following: 

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

13 order to complete training as a Federal flight 

14 deck officer, a pilot must achieve the level of 

15 proficiency with a firearm that is required by 

16 the Secretary. Such level shall be comparable to 

17 the level of proficiency required of other Fed18 eral law enforcement officers.’’. 

19 (d) REQUIREMENT TO PROMOTE REQUALIFICATION

20 FACILITIES.— 

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

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

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

25 and publicize the opportunity for private facilities to 
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1 provide requalification training to Federal fight deck 

2 officers under section 44921(c)(6), as added by sub3 section (b). 

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

5 the publication and promotion described in para6 graph (1) are— 

7 (A) to inform private facilities about the 

8 Federal flight deck officer program; and 

9 (B) to encourage such facilities to apply to 

10 provide requalification training to Federal flight 

11 deck officers. 

12 SEC. 5. AUTHORITY TO CARRY FIREARMS. 

13 (a) AMENDMENTS TO AUTHORITY.—Section 

14 44921(f) is amended to read as follows: 

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

16 ‘‘(1) IN GENERAL.—The Secretary shall author17 ize a Federal flight deck officer to carry a firearm 

18 on the officer’s person. Notwithstanding subsection 

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

20 that firearm in accordance with this section if the 

21 firearm is of a type that may be used under the pro22 gram. 

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

24 provision of Federal, State, or local law, a Federal 
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1 flight deck officer may carry a firearm in any State 

2 and from one State to another State. 

3 ‘‘(3) CARRYING FIREARMS OUTSIDE UNITED

4 STATES.— 

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

6 from, or within the jurisdiction of a foreign gov7 ernment where an agreement allowing a Fed8 eral flight deck officer to carry or possess a 

9 firearm is not in effect, a Federal flight deck 

10 officer shall be designated as a Federal air mar11 shal for the purposes of complying with inter12 national weapons carriage regulations and exist13 ing agreements with foreign governments. 

14 Nothing in this paragraph shall be construed to 

15 allow Federal flight deck officers to receive any 

16 other benefit of being so designated. 

17 ‘‘(B) REQUIREMENT TO NEGOTIATE

18 AGREEMENTS.—The Secretary of State shall 

19 negotiate agreements with foreign governments 

20 as necessary to allow Federal flight deck offi21 cers to carry and possess firearms within the 

22 jurisdictions of such foreign governments for 

23 protection of international flights against hi24 jackings or other terrorist acts. Any such agree25 ments shall provide Federal flight deck officers 
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1 the same rights and privileges accorded Federal 

2 air marshals by such foreign governments. 

3 ‘‘(4) DESCRIPTION OF AUTHORITY AND PROCE4 DURES.—The authority of a Federal flight deck offi5 cer to carry a firearm shall be identical to such au6 thority granted to any other Federal law enforce7 ment officer under Federal law. The operating pro8 cedures applicable to a Federal flight deck officer re9 lating to carrying such firearm shall be— 

10 ‘‘(A) identical to such procedures applica11 ble to any other Federal law enforcement officer 

12 under Federal law; and 

13 ‘‘(B) no more restrictive than the restric14 tions for carrying a firearm that are generally 

15 imposed on any other Federal law enforcement 

16 officer who has statutory authority to carry a 

17 firearm. 

18 ‘‘(5) LOCKED DEVICES.— 

19 ‘‘(A) NO REQUIREMENT TO USE.—A Fed20 eral flight deck officer may not be required to 

21 carry or transport a firearm in a locked bag, 

22 box, or container. 

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

24 request of a Federal flight deck officer, the Sec25 retary shall provide a secure locking device or 
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1 other appropriate container for storage of a 

2 firearm by the Federal flight deck officer. 

3 ‘‘(6) AUTHORITY TO USE FORCE.—A Federal 

4 flight deck officer shall have authority to use reason5 able and necessary force, including lethal force, 

6 against an individual or individuals to defend an air7 craft, prevent terrorism, or otherwise defend life. 

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

9 Secretary shall periodically provide information to 

10 relevant airport officials and personnel, and Federal, 

11 State, and local law enforcement authorities, regard12 ing the authority of a Federal flight deck officer to 

13 possess and carry a firearm on the officer’s per14 son.’’. 

15 (b) INITIAL REQUIREMENT TO PROVIDE INFORMA16 TION.—Not later than 60 days after the date of enactment 

17 of this Act, the Secretary of Homeland Security shall 

18 make the initial periodic provision of information de19 scribed in section 44921(f)(6), as added by subsection (a). 

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

21 OTHER ENTITIES. 

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

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

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

25 individual shall prohibit or threaten any retaliatory action 
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1 against a pilot employed by the air carrier from becoming 

2 or serving as a Federal flight deck officer under this sec3 tion. No air carrier or other entity or individual shall— 

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

5 piloting an aircraft operated by the air carrier; 

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

7 flight deck officer on the basis of his or her volun8 teering for or participating in the program under 

9 this section; or 

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

11 otherwise interfere with such pilot on the basis of 

12 such pilot’s volunteering for or participating in the 

13 program under this section.’’. 

14 SEC. 7. AUTHORITY TO SUE. 

15 Section 44921, as amended by sections 3 through 6 

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

17 following new subsection: 

18 ‘‘(l) AUTHORITY TO SUE.— 

19 ‘‘(1) IN GENERAL.—A Federal flight deck offi20 cer or a pilot who is adversely affected by a failure 

21 by the Secretary to comply with any of the require22 ments of this section may file a petition for judicial 

23 review with the United States district court for the 

24 district in which the Federal flight deck officer or 
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1 pilot resides or has a principal place of business or 

2 in the District of Columbia. 

3 ‘‘(2) REMEDY.—If a United States court deter4 mines that the Secretary failed to comply with a re5 quirement of this section, the court shall order the 

6 Secretary to take such action as may be necessary 

7 to comply with such requirement. 

8 ‘‘(3) ATTORNEY’S FEES.—In any action or pro9 ceeding brought under this subsection, the United 

10 States court shall award a prevailing plaintiff rea11 sonable attorney’s fees incurred in bringing such ac12 tion or proceeding.’’. 

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

14 Section 44921, as amended by sections 3 through 7 

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

16 following new subsection: 

17 ‘‘(m) PRIVACY OF FEDERAL FLIGHT DECK OFFI18 CERS.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), the Secretary may not disclose informa21 tion related to a pilot’s participation in the Federal 

22 flight deck officer program or the pilot’s application 

23 to participate in such program. 

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

25 information described in paragraph (1)— 
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1 ‘‘(A) if the disclosure is required for the 

2 administration of this section; 

3 ‘‘(B) in response to a pilot’s request that 

4 such information be disclosed to the air carrier 

5 that employs the pilot, if— 

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

7 information specifically requested by the 

8 pilot; and 

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

10 such information to third parties; or 

11 ‘‘(C) in response to a request for a law en12 forcement agency to confirm if a pilot is depu13 tized as a Federal flight deck officer. 

14 ‘‘(3) DISCLOSURE OF INFORMATION BY PI15 LOTS.—A pilot may disclose information as deter16 mined to be necessary by the pilot, including— 

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

18 as a Federal flight deck officer; 

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

20 crew member, or legal advocate; and 

21 ‘‘(C) in order to receive supplemental 

22 training or equipment for use or to demonstrate 

23 or maintain proficiency as a Federal flight deck 

24 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 

2 and shall promptly supply a copy of the record3 ing to the officer. The members of the review 

4 board shall be reimbursed by the Secretary for 

5 transportation and per diem as necessary. The 

6 Secretary shall pay any reasonable rent or 

7 charge necessary to use the premises where the 

8 hearing 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: 
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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). 

Æ