SA 334. Mr. BUNNING submitted an amendment intended to be proposed by him to the bill S. 4, to make the United States more secure by implementing unfinished recommendations of the 9/11 Commission to fight the war on terror more effectively, to improve homeland security, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
SEC. __X. FEDERAL FLIGHT DECK OFFICERS.
(a) In General.--Section 44921(a) of title 49, United States Code, is amended to read as follows:
``(a) Establishment.--The Secretary of Homeland Security shall establish the Federal flight deck officer 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'.''.
(b) Authority To Carry Firearms.--Section 44921(f) of title 49, United States Code, is amended to read as follows:
``(f) Authority To Carry Firearms.--
``(1) IN GENERAL.--The Secretary shall authorize 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 program.
``(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 government where an agreement allowing a Federal 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 marshal for the purposes of complying with international weapons carriage regulations and existing 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 officers to carry and possess firearms within the jurisdictions of such foreign governments for protection of international flights against hijackings or other terrorist acts. Any such agreements shall provide Federal flight deck officers the same rights and privileges accorded Federal air marshals by such foreign governments.
``(4) DESCRIPTION OF AUTHORITY AND PROCEDURES.--The authority of a Federal flight deck officer to carry a firearm shall be identical to such authority granted to any other Federal law enforcement officer under Federal law. The operating procedures applicable to a Federal flight deck officer relating to carrying such firearm shall be no more restrictive than the restrictions for carrying a firearm that are generally imposed on any other Federal law enforcement officer who has statutory
authority to carry a firearm.
``(5) LOCKED DEVICES.--
``(A) NO REQUIREMENT TO USE.--A Federal flight deck officer may not be required to carry or transport a firearm in a locked bag, box, or container.
``(B) REQUIREMENT TO PROVIDE.--Upon request of a Federal flight deck officer, the Secretary shall provide a secure locking device or other appropriate container for storage of a firearm by the Federal flight deck officer.''.
(c) Due Process.--Section 44921 of title 49, United States Code, is amended by adding at the end the follow new subsection:
``(l) Due Process.--Not later than 90 days after the date of enactment of the Improving America's Security Act of 2007, the Secretary shall establish procedures for the appeal of adverse decisions or actions. Such procedures shall provide timely notice of the action or decision, including specific reasons for the action or decision.''.
(d) Identification and Screening.--Section 44921 of title 49, United States Code, as amended by subsection (c), is further amended by adding at the end the following new subsections:
``(m) Credentials.--The Secretary shall issue to each Federal flight deck officer standard Federal law enforcement credentials, including a distinctive metal badge, that are similar to the credentials issued to other Federal law enforcement officers.
``(n) Security Inspections.--A Federal flight deck officer may not be subject to greater routine security inspection or screening protocols at or in the vicinity of an airport than the protocols that apply to other Federal law enforcement officers.''.
(e) Reports to Congress.--Section 44921 of title 49, United States Code, as amended by subsections (c) and (d), is further amended by adding at the end the following new subsection:
``(o) Reports to Congress.--
``(1) REPORTS ON PROGRAM.--Not less often than once every 6 months, the Secretary, in consultation with the Secretary of State, shall report to Congress on the progress that the Secretary of State has made in implementing international agreements to permit Federal flight deck officers to carry firearms on board an aircraft operating within the jurisdiction of a foreign country.
``(2) REPORT ON TRAINING.--Not later than 90 days after the date of enactment of the Improving America's Security Act of 2007, the Secretary shall report to Congress on the issues raised with respect to training in Department of Homeland Security Office of Inspector General report OIG-07-14 that includes proposals to address the issues raised in such report.''.
(f) Conforming and Other Amendments.--Section 44921 of title 49, United States Code, as amended by sections (c), (d), and (e), is further amended--
(1) by striking ``Under Secretary'' each place it appears and inserting ``Secretary''; and
(2) by striking subparagraph (G) of subsection (b)(3).


(As printed in the Congressional Record for the Senate on Mar 5, 2007.)