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 Ala-
bama, Mr. ISAKSON, Mr. DEMINT, Mr. CUNNINGHAM, Mr. FRANKS of 
Arizona, Mr. JONES of North Carolina, Mrs. BLACKBURN, Ms. GINNY 
BROWN-WAITE of Florida, Mr. KLINE, and Mr. RENZI) introduced the 
following bill; which was referred to the Committee on Transportation 
and Infrastructure 
A BILL 
To provide for recruiting, training, and deputizing persons 
for the Federal flight deck officer program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cockpit Security Tech-
nical 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 provi-
sion 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 OF-
FICER 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 offi-
cer 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 trans-
portation. 
‘‘(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 re-
sponsibility 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 Fed-
eral flight deck officer under this section if the 
pilot— 
‘‘(A) submits an application to the Sec-
retary; 
‘‘(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 Fed-
eral flight deck officer training required by the 
Secretary; or
‘‘(ii) is eligible to be deputized prior to 
completing the Federal flight deck officer train-
ing 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 re-
serve 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 enti-
ty that is approved for requalification 
training under subsection (c) during the 
12-month period ending on the date the 
Secretary receives the application sub-
mitted by the pilot; and
‘‘(III) presents a valid First-Class 
Airman Medical Certificate or Second- 
Class Airman Medical Certificate indi-
cating 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 be-
ginning 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 enti-
ty that is approved for requalification 
training under subsection (c)— 
‘‘(aa) during the 12-month period 
ending on the date the Secretary re-
ceives 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 indi-
cating 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 train-
ing 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 AGEN-
CIES.—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 Fed-
eral 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 fol-
lowing: 
‘‘(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 car-
riers 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
REQUIRE-
MENTS.—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 sub-
mitted by a pilot, determine if the pilot is eligi-
ble to receive Federal flight deck officer train-
ing under this title; and 
‘‘(B) if the pilot is eligible, not later than 
90 days after the date that the Secretary re-
ceives 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 con-
ducted 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
REQUALIFICA-
TION.—The Secretary shall require a Federal 
flight deck officer to successfully complete re-
qualification 
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 con-
ducted by— 
‘‘(i) the Secretary; 
‘‘(ii) the Director of the Federal Bu-
reau of Investigation; or 
‘‘(iii) a private training facility ap-
proved by the Secretary under subpara-
graph (C). 
‘‘(C) PRIVATE TRAINING FACILITIES.—The 
Secretary shall approve the application of a pri-
vate 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, secu-
rity 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 facili-
ties 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 author-
ized 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 of-
ficer training or requalification training shall 
permit the pilot to take unpaid leave to partici-
pate in such training. 
‘‘(8) PROHIBITION
ON
OTHER
TRAINING
RE-
QUIREMENTS.—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 ‘‘mar-
shals;’’ 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 Fed-
eral 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 Reg-
ister and use other appropriate methods to promote 
and publicize the opportunity for private facilities to
provide requalification training to Federal fight deck 
officers under section 44921(c)(6), as added by sub-
section (b). 
(2) PURPOSE OF PROMOTION.—The purposes of 
the publication and promotion described in para-
graph (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 author-
ize 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 pro-
gram. 
‘‘(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 gov-
ernment where an agreement allowing a Fed-
eral 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 mar-
shal for the purposes of complying with inter-
national weapons carriage regulations and exist-
ing 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 offi-
cers to carry and possess firearms within the 
jurisdictions of such foreign governments for 
protection of international flights against hi-
jackings or other terrorist acts. Any such agree-
ments shall provide Federal flight deck officers
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 reason-
able and necessary force, including lethal force, 
against an individual or individuals to defend an air-
craft, 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, regard-
ing the authority of a Federal flight deck officer to 
possess and carry a firearm on the officer’s per-
son.’’. 
(b) INITIAL REQUIREMENT TO PROVIDE INFORMA-
TION.—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 de-
scribed 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 sec-
tion. 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 volun-
teering 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 offi-
cer or a pilot who is adversely affected by a failure 
by the Secretary to comply with any of the require-
ments 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 deter-
mines that the Secretary failed to comply with a re-
quirement 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 pro-
ceeding brought under this subsection, the United 
States court shall award a prevailing plaintiff rea-
sonable attorney’s fees incurred in bringing such ac-
tion 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 OFFI-
CERS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary may not disclose informa-
tion 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 en-
forcement agency to confirm if a pilot is depu-
tized as a Federal flight deck officer. 
‘‘(3) DISCLOSURE
OF
INFORMATION
BY
PI-
LOTS.—A pilot may disclose information as deter-
mined 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 deter-
mines that a pilot is ineligible to be a Federal 
flight deck officer, or has become ineligible to 
remain a Federal flight deck officer, the Sec-
retary shall provide in writing the specific rea-
sons to such pilot within 5 days of such deter-
mination. Such pilot may submit to the Sec-
retary information to correct, clarify, or supple-
ment any pertinent records relied on for the ad-
verse determination. After receipt of such infor-
mation, the Secretary shall immediately con-
sider 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 re-
quest 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 ex-
pires file a petition with the United States dis-
trict court for the district in which the ag-
grieved party resides or has a principal place of 
business or in the District of Columbia for a de 
novo judicial review of such adverse determina-
tion. In a proceeding conducted under this sub-
section, 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 Sec-
retary was not authorized to determine or in-
correctly determined that the aggrieved party is 
ineligible to be a Federal flight deck officer, the 
court shall order the Secretary to take such ac-
tion as may be necessary to comply with the 
judgment of the court. 
‘‘(2) OTHER ADVERSE ACTION.—
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 con-
sist of— 
‘‘(i) a Federal flight deck officer who 
shall be randomly selected and who is will-
ing 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 Fed-
eral flight deck officer. The hearing shall be 
held at the officer’s domicile or other location 
reasonably convenient to the officer. The hear-
ing shall be held on a date which will not inter-
fere with the officer’s work schedule. The Sec-
retary 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 record-
ing 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 re-
garding 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 de-
termines. 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 pro-
ceeding, the review board shall award the offi-
cer a reasonable attorney’s fee, and the Sec-
retary shall be liable therefore. 
‘‘(E) APPEAL
OR
REVIEW
BOARD
DECI-
SION.—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 con-
ducted 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 regard-
ing the allegations or decision imposing reme-
dial training or a period of suspension were un-
warranted, the court shall order the Secretary 
to take such action as may be necessary to com-
ply 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 en-
forcement 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 in-
spection 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, es-
tablish 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 sen-
sitive security information by the Secretary. 
‘‘(2) UNIFORM
MINIMUM
STANDARDS.—The 
Secretary shall establish uniform minimum stand-
ards 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 de-
partment or agency concerned. 
‘‘(t) ACCESS TO SECURITY AND THREAT INFORMA-
TION.—The Secretary shall establish procedures to ensure 
that Federal flight deck officers and in-flight security co-
ordinators have access to security directives, information 
circulars, and other relevant threat and security informa-
tion. Such procedures may require the air carrier employ-
ing the Federal flight deck officer or in-flight security co-
ordinator 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 of-
ficer program to a Member or committee of Congress.’’. 
SEC. 11. REPORTS TO CONGRESS REGARDING THE FED-
ERAL 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 ap-
plied to provide such initial and requalification 
training and the names of the facilities that are 
approved to provide such initial and requalifica-
tion training; and 
‘‘(F) the progress that the Secretary of 
State has made in implementing international 
agreements that permit Federal flight deck offi-
cers to carry firearms on board an aircraft op-
erating 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 Home-
land 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 Reg-
ister 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 pro-
gram. 
SEC. 13. ADDITIONAL REPORTS TO CONGRESS. 
(a) DEPARTMENT
OF JUSTICE FEASIBILITY RE-
PORT.—Not later than 90 days after the date of enact-
ment 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 Fed-
eral flight deck officer program. 
(b) LAW ENFORCEMENT OFFICER VERIFICATION 
SYSTEM.—Not later than 90 days after the date of enact-
ment of this Act, the Attorney General shall submit to 
Congress a report on the status and feasibility of imple-
menting a program to verify the identity of personnel au-
thorized to carry firearms aboard commercial aircraft, in-
cluding the ability to implement such a system imme-
diately 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 Transpor-
tation for Security’’ each place it appears and insert-
ing ‘‘Secretary’’; 
(2) by striking ‘‘Under Secretary’’ and inserting 
‘‘Secretary’’; and 
(3) by striking subsection (b). 
Æ