Title XIV of the Homeland Security Act

[[Page 116 STAT. 2300]]

training from the United States Government and have

applied for Federal positions are considered in all

recruitment and hiring initiatives of Federal

departments, bureaus, agencies, and offices; and

(B) advertise and open all Federal positions to

United States citizens who have incurred service

obligations with the United States Government as the

result of receiving financial support for education and

training from the United States Government.

(b) Fulfillment of Service Requirement if National Security

Positions Are Unavailable.--Section 802(b)(2) of the David L. Boren

National Security Education Act of 1991 (50 U.S.C. 1902) is amended--

(1) in subparagraph (A), by striking clause (ii) and

inserting the following:

``(ii) if the recipient demonstrates to the

Secretary (in accordance with such regulations)

that no national security position in an agency or

office of the Federal Government having national

security responsibilities is available, work in

other offices or agencies of the Federal

Government or in the field of higher education in

a discipline relating to the foreign country,

foreign language, area study, or international

field of study for which the scholarship was

awarded, for a period specified by the Secretary,

which period shall be determined in accordance

with clause (i); or''; and

(2) in subparagraph (B), by striking clause (ii) and

inserting the following:

``(ii) if the recipient demonstrates to the

Secretary (in accordance with such regulations)

that no national security position is available

upon the completion of the degree, work in other

offices or agencies of the Federal Government or

in the field of higher education in a discipline

relating to foreign country, foreign language,

area study, or international field of study for

which the fellowship was awarded, for a period

specified by the Secretary, which period shall be

determined in accordance with clause (i); and''.

TITLE <<NOTE: Arming Pilots Against Terrorism Act.>> XIV--ARMING PILOTS

AGAINST TERRORISM

SEC. 1401. <<NOTE: 49 USC 40101 note.>> SHORT TITLE.

This title may be cited as the ``Arming Pilots Against Terrorism

Act''.

SEC. 1402. FEDERAL FLIGHT DECK OFFICER PROGRAM.

(a) In General.--Subchapter I of chapter 449 of title 49, United

States Code, is amended by adding at the end the following:

``Sec. 44921. Federal flight deck officer program

``(a) Establishment.--The Under Secretary of Transportation for

Security shall establish a program to deputize volunteer pilots of air

carriers providing passenger air transportation or intrastate passenger

air transportation as Federal law enforcement officers to defend the

flight decks of aircraft of such air carriers against

[[Page 116 STAT. 2301]]

acts of criminal violence or air piracy. Such officers shall be known as

`Federal flight deck officers'.

``(b) Procedural Requirements.--

``(1) In <<NOTE: Deadline.>> general.--Not later than 3

months after the date of enactment of this section, the Under

Secretary shall establish procedural requirements to carry out

the program under this section.

``(2) Commencement of program.--Beginning 3 months after the

date of enactment of this section, the Under Secretary shall

begin the process of training and deputizing pilots who are

qualified to be Federal flight deck officers as Federal flight

deck officers under the program.

``(3) Issues to be addressed.--The procedural requirements

established under paragraph (1) shall address the following

issues:

``(A) The type of firearm to be used by a Federal

flight deck officer.

``(B) The type of ammunition to be used by a Federal

flight deck officer.

``(C) The standards and training needed to qualify

and requalify as a Federal flight deck officer.

``(D) The placement of the firearm of a Federal

flight deck officer on board the aircraft to ensure both

its security and its ease of retrieval in an emergency.

``(E) An analysis of the risk of catastrophic

failure of an aircraft as a result of the discharge

(including an accidental discharge) of a firearm to be

used in the program into the avionics, electrical

systems, or other sensitive areas of the aircraft.

``(F) The division of responsibility between pilots

in the event of an act of criminal violence or air

piracy if only 1 pilot is a Federal flight deck officer

and if both pilots are Federal flight deck officers.

``(G) Procedures for ensuring that the firearm of a

Federal flight deck officer does not leave the cockpit

if there is a disturbance in the passenger cabin of the

aircraft or if the pilot leaves the cockpit for personal

reasons.

``(H) Interaction between a Federal flight deck

officer and a Federal air marshal on board the aircraft.

``(I) The process for selection of pilots to

participate in the program based on their fitness to

participate in the program, including whether an

additional background check should be required beyond

that required by section 44936(a)(1).

``(J) Storage and transportation of firearms between

flights, including international flights, to ensure the

security of the firearms, focusing particularly on

whether such security would be enhanced by requiring

storage of the firearm at the airport when the pilot

leaves the airport to remain overnight away from the

pilot's base airport.

``(K) Methods for ensuring that security personnel

will be able to identify whether a pilot is authorized

to carry a firearm under the program.

``(L) Methods for ensuring that pilots (including

Federal flight deck officers) will be able to identify

whether a passenger is a law enforcement officer who is

authorized to carry a firearm aboard the aircraft.