H.Amdt. 152House109th Congress (2005-2007)

An amendment numbered 7 printed in part B of House Report 109-84 to make improvements to the Federal Flight Deck Officers (FFDO) Program including increasing access to initial and recurrent training for FFDO's by establishing qualification standards, exploring the possibility of alternate sites for training, and ensuring that the training be provided at no cost to the pilot. Also requires the Secretary to establish a secure means for TSA personnel to communicate with FFDO's in support of their mission, issue badges to FFDO's within 180 days, set up a process by which pilots can appeal a TSA decision to revoke a FFDO's status, establish a pilot program to allow FFDO's to carry their weapon, and encourage the President to pursue international agreements that will allow the use of FFDO's on international flights.

What it does: Adds SEC. 310. FEDERAL FLIGHT DECK OFFICERS at the end of subtitle A of title III
Submitted May 18, 2005

Description

Amendment makes modifications to the Federal flight deck officer training program.

What it changes

1 change to H.R. 1817

Adds a section

We couldn't match these changes to the text of H.R. 1817, so they're shown as written.

  1. Adds SEC. 310. FEDERAL FLIGHT DECK OFFICERS at the end of subtitle A of title III

    Adds a section

    Inserted: SEC. 310. FEDERAL FLIGHT DECK OFFICERS.

    Inserted: (a) Training and Requalification Training.--Section 44921(c) of title 49, United States Code, is amended by adding at the end the following:

    Inserted: "(3) Location of training.--

    Inserted: "(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.

    Inserted: "(B) Report.--Not later than 180 days after the date of enactment of this paragraph, the Secretary shall transmit to Congress a report on the results of the study.

    Inserted: "(4) Dates of training.--The Secretary shall ensure that a pilot who is eligible to receive Federal flight deck officer training is offered, to the maximum extent practicable, a choice of training dates and is provided at least 30 days advance notice of the dates.

    Inserted: "(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.

    Inserted: "(6) Requalification and recurrent training.--

    Inserted: "(A) Standards.--The Secretary shall establish qualification standards for facilities where Federal flight deck officers can receive requalification and recurrent training.

    Inserted: "(B) Locations.--The Secretary shall provide for requalification and recurrent training at geographically diverse facilities, including Federal, State, and local law enforcement and government facilities, and private training facilities that meet the qualification standards established under subparagraph (A).

    Inserted: "(7) Costs of training.--

    Inserted: "(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.

    Show 21 more inserted paragraphs

    Inserted: "(B) Transportation and expenses.--The Secretary may provide travel expenses to a pilot receiving Federal flight deck officer training, requalification training, or recurrent training.

    Inserted: "(8) Communications.--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.

    Inserted: "(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.".

    Inserted: (b) Revocation of Deputization of Pilot as Federal Flight Deck Officer.--Section 44921(d)(4) of title 49, United States Code, is amended to read as follows:

    Inserted: "(4) Revocation.--

    Inserted: "(A) Orders.--The Assistant Secretary of Homeland Security (Transportation Security Administration) may issue, for good cause, an order revoking the deputization of a Federal flight deck officer under this section. The order shall include the specific reasons for the revocation.

    Inserted: "(B) Hearings.--An individual who is adversely affected by an order of the Assistant Secretary under subparagraph (A) is entitled to a hearing on the record. When conducting a hearing under this section, the administrative law judge shall not be bound by findings of fact or interpretations of laws and regulations of the Assistant Secretary.

    Inserted: "(C) Appeals.--An appeal from a decision of an administrative law judge as a result of a hearing under subparagraph (B) shall be made to the Secretary or the Secretary's designee.

    Inserted: "(D) Judicial review of a final order.--The determination and order of the Secretary revoking the deputization of a Federal flight deck officer under this section shall be final and conclusive unless the individual against whom such an order is issued files an application for judicial review under subchapter II of chapter 5 of title 5 (popularly known as the Administrative Procedure Act) within 60 days of entry of such order in the appropriate United States court of appeals.".

    Inserted: (c) 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:

    Inserted: "(4) Pilot program.--

    Inserted: "(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.

    Inserted: "(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 Congress.

    Inserted: "(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.".

    Inserted: (d) Federal Flight Deck Officers on International Flights.--

    Inserted: (1) 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.

    Inserted: (2) Report.--Not later than 180 days after the date of enactment of this Act, the President (or the President's designee) shall submit to Congress a report on the status of the President's efforts to allow maximum deployment of Federal flight deck officers on international flights.

    Inserted: (e) References to Under Secretary.--Section 44921 of title 49, United States Code, is amended--

    Inserted: (1) in subsection (a) by striking "Under Secretary of Transportation for Security" and inserting "Secretary of Homeland Security";

    Inserted: (2) by striking "Under Secretary" each place it appears and inserting "Secretary"; and

    Inserted: (3) by striking "Under Secretary's" each place it appears and inserting "Secretary's".

    Original wording

    At the end of subtitle A of title III, add the following (and conform the table of contents accordingly):

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

At the end of subtitle A of title III, add the following (and conform the table of contents accordingly):

SEC. 310. FEDERAL FLIGHT DECK OFFICERS.

(a) Training and Requalification Training.--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 Congress 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, to the maximum extent practicable, 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 Federal, State, and local law enforcement and government 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.--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.”.

(b) Revocation of Deputization of Pilot as Federal Flight Deck Officer.--Section 44921(d)(4) of title 49, United States Code, is amended to read as follows:

“(4) Revocation.--

“(A) Orders.--The Assistant Secretary of Homeland Security (Transportation Security Administration) may issue, for good cause, an order revoking the deputization of a Federal flight deck officer under this section. The order shall include the specific reasons for the revocation.

“(B) Hearings.--An individual who is adversely affected by an order of the Assistant Secretary under subparagraph (A) is entitled to a hearing on the record. When conducting a hearing under this section, the administrative law judge shall not be bound by findings of fact or interpretations of laws and regulations of the Assistant Secretary.

“(C) Appeals.--An appeal from a decision of an administrative law judge as a result of a hearing under subparagraph (B) shall be made to the Secretary or the Secretary's designee.

“(D) Judicial review of a final order.--The determination and order of the Secretary revoking the deputization of a Federal flight deck officer under this section shall be final and conclusive unless the individual against whom such an order is issued files an application for judicial review under subchapter II of chapter 5 of title 5 (popularly known as the Administrative Procedure Act) within 60 days of entry of such order in the appropriate United States court of appeals.”.

(c) 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 Congress.

“(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.”.

(d) Federal Flight Deck Officers on International Flights.--

(1) 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.

(2) Report.--Not later than 180 days after the date of enactment of this Act, the President (or the President's designee) shall submit to Congress a report on the status of the President's efforts to allow maximum deployment of Federal flight deck officers on international flights.

(e) 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”.

Legislative Activity

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5 earlier actions
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House amendment offered

May 18, 2005

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Floor

House amendment offered

May 18, 2005

Floor

House amendment agreed to: On agreeing to the DeFazio amendment (A007) Agreed to by voice vote.

May 18, 2005 • 2:42 PM

Not Used

Amendment agreed to Committee of the Whole

May 18, 2005 • 2:42 PM

Not Used

House amendment offered/reported by : Amendment (A007) offered by Mr. DeFazio.(consideration: CR H3483-3484; text: CR H3483)

May 18, 2005 • 2:36 PM

Floor

Amendment (A007) offered by Mr. DeFazio. (consideration: CR H3483-3484; text: CR H3483)

May 18, 2005 • 2:36 PM

Floor

On agreeing to the DeFazio amendment (A007) Agreed to by voice vote.

May 18, 2005 • 2:42 PM