[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5250 Introduced in House (IH)]







108th CONGRESS
  2d Session
                                H. R. 5250

  To amend title 49, United States Code, to make modifications to the 
                  Federal flight deck officer program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2004

 Mr. DeFazio (for himself and Mr. Mica) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To amend title 49, United States Code, to make modifications to the 
                  Federal flight deck officer program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Flight Deck Officer 
Improvement Act of 2004''.

SEC. 2. FEDERAL FLIGHT DECK OFFICER TRAINING AND REQUALIFICATION 
              TRAINING.

    (a) Training, Supervision, and Equipment.--Section 44921(c) of 
title 49, United States Code, is amended by adding at the end the 
following:
            ``(3) Location of training.--
                    ``(A) Study.--The Secretary shall conduct a study 
                of the feasibility of conducting Federal flight deck 
                officer initial training at facilities located 
                throughout the United States, including an analysis of 
                any associated programmatic impacts to the Federal 
                flight deck officer program.
                    ``(B) Report.--Not later than 180 days after the 
                date of enactment of this paragraph, the Secretary 
                shall transmit to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate a report on the results of the study.
            ``(4) Dates of training.--The Secretary shall ensure that a 
        pilot who is eligible to receive Federal flight deck officer 
        training is offered a choice of training dates and is provided 
        at least 30 days advance notice of the dates.
            ``(5) Travel to training facilities.--The Secretary shall 
        establish a program to improve travel access to Federal flight 
        deck officer training facilities through the use of charter 
        flights or improved scheduled air carrier service.
            ``(6) Requalification and recurrent training.--
                    ``(A) Standards.--The Secretary shall establish 
                qualification standards for facilities where Federal 
                flight deck officers can receive requalification and 
                recurrent training.
                    ``(B) Locations.--The Secretary shall provide for 
                requalification and recurrent training at 
                geographically diverse facilities, including military 
                facilities, Federal, State, and local law enforcement 
                facilities, and private training facilities that meet 
                the qualification standards established under 
                subparagraph (A).
            ``(7) Costs of training.--
                    ``(A) In general.--The Secretary shall provide 
                Federal flight deck officer training, requalification 
                training, and recurrent training to eligible pilots at 
                no cost to the pilots or the air carriers that employ 
                the pilots.
                    ``(B) Transportation and expenses.--The Secretary 
                may provide travel expenses to a pilot receiving 
                Federal flight deck officer training, requalification 
                training, or recurrent training.
            ``(8) Communications equipment.--Not later than 180 days 
        after the date of enactment of this paragraph, the Secretary 
        shall establish a secure means for personnel of the 
        Transportation Security Administration to communicate with 
        Federal flight deck officers, and for Federal flight deck 
        officers to communicate with each other, in support of the 
        mission of such officers. Such means of communication may 
        include a secure Internet website.
            ``(9) Issuance of badges.--Not later than 180 days after 
        the date of enactment of this paragraph, the Secretary shall 
        issue badges to Federal flight deck officers.''.

SEC. 3. FEDERAL FLIGHT DECK OFFICER FIREARM CARRIAGE PILOT PROGRAM.

    Section 44921(f) of title 49, United States Code, is amended by 
adding at the end the following:
            ``(4) Pilot Program.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of this paragraph, the Secretary 
                shall implement a pilot program to allow pilots 
                participating in the Federal flight deck officer 
                program to transport their firearms on their persons. 
                The Secretary may prescribe any training, equipment, or 
                procedures that the Secretary determines necessary to 
                ensure safety and maximize weapon retention.
                    ``(B) Review.--Not later than 1 year after the date 
                of initiation of the pilot program, the Secretary shall 
                conduct a review of the safety record of the pilot 
                program and transmit a report on the results of the 
                review to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate.
                    ``(C) Option.--If the Secretary as part of the 
                review under subparagraph (B) determines that the 
                safety level obtained under the pilot program is 
                comparable to the safety level determined under 
                existing methods of pilots carrying firearms on 
                aircraft, the Secretary shall allow all pilots 
                participating in the Federal flight deck officer 
                program the option of carrying their firearm on their 
person subject to such requirements as the Secretary determines 
appropriate.''.

SEC. 4. FEDERAL FLIGHT DECK OFFICERS ON INTERNATIONAL FLIGHTS.

    (a) Agreements With Foreign Governments.--The President is 
encouraged to pursue aggressively agreements with foreign governments 
to allow maximum deployment of Federal flight deck officers on 
international flights.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the President (or the President's designee) shall submit to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the status of the President's 
efforts to allow maximum deployment of Federal flight deck officers on 
international flights.

SEC. 5. COMPENSATION FOR PROGRAM-RELATED INJURIES.

    Section 44921 of title 49, United States Code, is amended--
            (1) by redesignating subsection (k) as subsection (l); and
            (2) by inserting after subsection (j) the following:
    ``(k) Compensation for Program-Related Injury or Death.--
            ``(1) In general.--The Secretary shall work with the 
        relevant Federal agencies to obtain compensation under 
        applicable Federal laws for the death or injury of a Federal 
        flight deck officer sustained while in the performance of the 
        officer's duties under the program.
            ``(2) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall transmit to Congress 
        a report on the Secretary's efforts to obtain compensation for 
        Federal flight deck officers under paragraph (1), together with 
        recommendations, if any, for legislative actions required to 
        provide such compensation.''.

SEC. 6. SENSE OF CONGRESS.

    It is the sense of Congress that air carriers should permit Federal 
flight deck officers to take a leave of absence from their employment 
as required to attend initial and requalification Federal flight deck 
officer training.

SEC. 7. REFERENCES TO UNDER SECRETARY.

    Section 44921 of title 49, United States Code, is amended--
            (1) in subsection (a) by striking ``Under Secretary of 
        Transportation for Security'' and inserting ``Secretary of 
        Homeland Security'';
            (2) by striking ``Under Secretary'' each place it appears 
        and inserting ``Secretary''; and
            (3) by striking ``Under Secretary's'' each place it appears 
        and inserting ``Secretary's''.
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