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Code · STATUTE-COMPILATIONS · FAA Reauthorization Act of 2018 · Sec. 1963

Sec. 1963. FEDERAL FLIGHT DECK OFFICER PROGRAM IMPROVEMENTS

1,377 words·~6 min read·/statute-compilations/comps-15561/sec-1963

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## SEC. 1963 FEDERAL FLIGHT DECK OFFICER PROGRAM IMPROVEMENTS ###
(a)Improved Access to Training Facilities Section 44921(c)(2)(C)(ii) is amended— ####
(1)by striking “ The training of ” and inserting the following: > > ###### “(I) In general > > The training of” > ; ####
(2)in subclause (I), as designated, by striking “approved by the Under Secretary”; and ####
(3)by adding at the end the following: > > ##### “(II) Access to training facilities > > The Administrator shall designate additional firearms training facilities located in various regions of the United States for Federal flight deck officers for recurrent and requalifying training relative to the number of such facilities available on the day before such date of enactment.” > . ###
(b)Firearms Requalification Section 44921(c)(2)(C) is amended— ####
(1)in clause (iii)— #####
(A)by striking “ The Under Secretary shall ” and inserting the following: > > ###### “(I) In general > > The Administrator shall” > ; #####
(B)in subclause (I), as designated by subparagraph (A), by striking “the Under Secretary” and inserting “the Administrator”; and #####
(C)by adding at the end the following: > > ##### “(II) Use of facilities for requalification > > The Administrator shall allow a Federal flight deck officer to requalify to carry a firearm under the program through training at a Transportation Security Administration-approved firearms training facility utilizing a Transportation Security Administration-approved contractor and a curriculum developed and approved by the Transportation Security Administration.” > ; and ####
(2)by adding at the end the following: > > ###### “(iv) Periodic review > > The Administrator shall periodically review requalification training intervals and assess whether it is appropriate and sufficient to adjust the time between each requalification training to facilitate continued participation in the program under this section while still maintaining effectiveness of the training, and update the training requirements as appropriate.” > . ###
(c)Training Review Section 44921(c)(2) is amended by adding at the end the following: > > ##### “(D) Training review > > Not later than 2 years after the date of enactment of the TSA Modernization Act, and biennially thereafter, the Administrator shall review training facilities and training requirements for initial and recurrent training for Federal flight deck officers and evaluate how training requirements, including the length of training, could be streamlined while maintaining the effectiveness of the training, and update the training requirements as appropriate.” > . ###
(d)Other Measures to Facilitate Training Section 44921(e) is amended— ####
(1)by striking “ Pilots participating ” and inserting the following: > > #### “(1) In general > > Pilots participating” > ; and ####
(2)by adding at the end the following: > > #### “(2) Facilitation of training > > An air carrier shall permit a pilot seeking to be deputized as a Federal flight deck officer or a Federal flight deck officer to take a reasonable amount of leave to participate in initial, recurrent, or requalification training, as applicable, for the program. Leave required under this paragraph may be provided without compensation.” > . ###
(e)International Harmonization Section 44921(f) is amended— ####
(1)in paragraphs
(1)and (3), by striking “Under Secretary” and inserting “Administrator”; and ####
(2)by adding at the end the following: > > #### “(4) Consistency with federal air marshal program > > The Administrator shall harmonize, to the extent practicable and in a manner that does not jeopardize existing Federal air marshal agreements, the policies relating to the carriage of firearms on international flights by Federal flight deck officers with the policies of the Federal air marshal program for carrying firearms on such flights and carrying out the duties of a Federal flight deck officer, notwithstanding Annex 17 of the International Civil Aviation Organization.” > . ###
(f)Physical Standards Section 44921(d)(2) is amended— ####
(1)by redesignating subparagraphs (A), (B), and
(C)as clauses (i), (ii), and (iii), respectively; ####
(2)in clause (ii), as redesignated, by striking “Under Secretary’s” and inserting “Administrator’s”; ####
(3)by striking “ A pilot is ” and inserting the following: > > ##### “(A) In general > > A pilot is” > ; and ####
(4)by adding at the end the following: > > ##### “(B) Consistency with requirements for certain medical certificates > > In establishing standards under subparagraph (A)(ii), the Administrator may not establish medical or physical standards for a pilot to become a Federal flight deck officer that are inconsistent with or more stringent than the requirements of the Federal Aviation Administration for the issuance of the required airman medical certificate under part 67 of title 14, Code of Federal Regulations (or any corresponding similar regulation or ruling).” > . ###
(g)Transfer of Status Section 44921(d) is amended by adding at the end the following: > > #### “(5) Transfer from inactive to active status > > In accordance with any applicable Transportation Security Administration appeals processes, a pilot deputized as a Federal flight deck officer who moves to inactive status may return to active status upon successful completion of a recurrent training program administered within program guidelines.” > . ###
(h)Technical Corrections Section 44921, as amended by this section, is further amended— ####
(1)in subsection (a), by striking “Under Secretary of Transportation for Security” and inserting “Administrator”; ####
(2)in subsection (b)— #####
(A)in paragraph (1), by striking “Not later than 3 months after the date of enactment of this section, the Under Secretary” and inserting “The Administrator”; #####
(B)in paragraph (2), by striking “Beginning 3 months after the date of enactment of this section, the Under Secretary shall begin the process of training and deputizing” and inserting “The Administrator shall train and deputize”; and #####
(C)in paragraph (3)(N), by striking “Under Secretary’s” and inserting “Administrator’s”; ####
(3)in subsection (d)(4)— #####
(A)by striking “may,” and inserting “may”; and #####
(B)by striking “Under Secretary’s” and inserting “Administrator’s”; ####
(4)in subsection (i)(2), by striking “the Under Secretary may” and inserting “may”; ####
(5)in subsection (k)— #####
(A)by striking paragraphs
(2)and (3); and #####
(B)by striking “Applicability.—” and all that follows through “This section” and inserting “Applicability.—This section”; ####
(6)by adding at the end the following: > > ### “(l) Definitions > > In this section: > > > #### “(1) Administrator > > The term ‘Administrator’ means the Administrator of the Transportation Security Administration. > > > #### “(2) Air transportation > > The term ‘air transportation’ includes all-cargo air transportation. > > > #### “(3) Firearms training facility > > The term ‘firearms training facility’ means a private or government-owned gun range approved by the Administrator to provide recurrent or requalification training, as applicable, for the program, utilizing a Transportation Security Administration-approved contractor and a curriculum developed and approved by the Transportation Security Administration. > > > #### “(4) Pilot > > The term ‘pilot’ means an individual who has final authority and responsibility for the operation and safety of the flight or any other flight deck crew member.” > ; and ####
(7)by striking “Under Secretary” each place it appears and inserting “Administrator”. ###
(i)Sensitive Security Information **[**[49 U.S.C. 44921 note](/us/usc/t49/s44921)**]** Not later than 180 days after the date of enactment of this Act— ####
(1)the Secretary of Transportation shall revise section 15.5(b)(11) of title 49, Code of Federal Regulations, to classify information about pilots deputized as Federal flight deck officers under section 44921 of title 49, United States Code, as sensitive security information in a manner consistent with the classification of information about Federal air marshals; and ####
(2)the Administrator shall revise section 1520.5(b)(11) of title 49, Code of Federal Regulations, to classify information about pilots deputized as Federal flight deck officers under section 44921 of title 49, United States Code, as sensitive security information in a manner consistent with the classification of information about Federal air marshals. ###
(j)Regulations **[**[49 U.S.C. 44921 note](/us/usc/t49/s44921)**]** Not later than 180 days after the date of enactment of this Act, the Administrator shall prescribe such regulations as may be necessary to carry out this section and the amendments made by this section. ## Subtitle G Surface Transportation Security
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Sec. 1963
FEDERAL FLIGHT DECK OFFICER PROGRAM IMPROVEMENTS
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