[Congressional Record Volume 162, Number 54 (Monday, April 11, 2016)]
[Senate]
[Pages S1872-S1873]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3631. Mr. THUNE (for Mr. Paul) submitted an amendment intended to
be proposed to amendment SA 3464 submitted by Mr. Thune (for himself
and Mr. Nelson) to the bill H.R. 636, to amend the Internal Revenue
Code of 1986 to permanently extend increased expensing limitations, and
for other purposes; which was ordered to lie on the table; as follows:
At the end of title II, add the following:
Subtitle G--Arm All Pilots Act
SEC. 2701. SHORT TITLE.
This subtitle may be cited as the ``Arm All Pilots Act of
2016''.
SEC. 2702. FACILITATION OF AND LIMITATIONS ON TRAINING OF
FEDERAL FLIGHT DECK OFFICERS.
(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''; and
(2) by adding at the end the following:
``(II) Access to training facilities.--Not later than 180
days after the date of the enactment of the Arm All Pilots
Act of 2016, the Secretary shall--
``(aa) designate 5 additional firearms training facilities
located in various regions of the United States for Federal
flight deck officers relative to the number of such
facilities available on the day before such date of
enactment;
``(bb) designate firearms training facilities approved
before such date of enactment for recurrent training of
Federal flight deck officers as facilities approved for
initial training and certification of pilots seeking to be
deputized as Federal flight deck officers; and
``(cc) designate additional firearms training facilities
for recurrent training of Federal flight deck officers
relative to the number of such facilities available on the
day before such date of enactment.''.
(b) Firearms Requalification for Federal Flight Deck
Officers.--Section 44921(c)(2)(C)(iii) is amended--
(1) by striking ``The Under Secretary shall'' and inserting
the following:
``(I) In general.--The Secretary shall'';
(2) in subclause (I), as designated by paragraph (1), by
striking ``the Under Secretary'' and inserting ``the
Secretary, but not more frequently than once every 6
months,''; and
(3) by adding at the end the following:
``(II) Use of facilities for requalification.--The
Secretary shall allow a Federal flight deck officer to
requalify to carry a firearm under the program through
training at a private or government-owned gun range certified
to provide firearm requalification training.
``(III) Self-reporting.--The Secretary shall determine that
a Federal flight deck officer has met the requirements to
requalify to carry a firearm under the program if--
``(aa) the officer reports to the Secretary that the
officer has participated in a sufficient number of hours of
training to requalify to carry a firearm under the program;
and
``(bb) the administrator of the facility at which the
officer conducted the requalification training verifies that
the officer participated in that number of hours of
training.''.
(c) Limitations on Training.--Section 44921(c)(2) is
amended by adding at the end the following:
``(D) Limitations on training.--
``(i) Initial training.--The Secretary may require--
``(I) initial training of not more than 5 days for a pilot
to be deputized as a Federal flight deck officer;
``(II) the pilot to be physically present at the training
facility for not more than 2 days of such training; and
[[Page S1873]]
``(III) not more than 3 days of such training to be in the
form of certified online training administered by the
Department of Homeland Security.
``(ii) Recurrent training.--The Secretary may require--
``(I) recurrent training of not more than 2 days, not more
frequently than once every 5 years, for a pilot to maintain
deputization as a Federal flight deck officer;
``(II) the pilot to be physically present at the training
facility for a full-day training session for not more than
one day of such training; and
``(III) not more than one day of such training to be in the
form of certified online training administered by the
Department of Homeland Security.''.
(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.--
``(A) Time off for training.--An air carrier shall permit a
Federal flight deck officer or a pilot seeking to be
deputized as a Federal flight deck officer, in consultation
with the air carrier, to take a reasonable amount of leave
from work to participate in initial and recurrent training
for the program. An air carrier shall not be obligated to
provide such an officer or pilot compensation for such leave.
``(B) Practice ammunition.--At the request of a Federal
flight deck officer, the Secretary shall provide to the
officer sufficient practice ammunition to conduct at least
one practice course every month.''.
SEC. 2703. CARRIAGE OF FIREARMS BY FEDERAL FLIGHT DECK
OFFICERS.
(a) General Authority.--Section 44921(f) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively; and
(2) by striking paragraph (1) and inserting the following:
``(1) In general.--The Secretary shall authorize a Federal
flight deck officer to carry a firearm while engaged in
providing intrastate air transportation. The authority
provided to a Federal flight deck officer under this
paragraph includes the authority to carry a firearm--
``(A) on the officer's body, loaded, and holstered;
``(B) when traveling to a flight duty assignment,
throughout the duty assignment, and when traveling from a
flight duty assignment to the officer's home or place where
the officer is residing when traveling; and
``(C) in the passenger cabin and while traveling in a
cockpit jump seat.
``(2) Concealed carry.--A Federal flight deck officer shall
make reasonable efforts to keep the officer's firearm
concealed when in public.
``(3) Purchase of firearm by officer.--Notwithstanding
subsection (c)(1), a Federal flight deck officer may purchase
a firearm and carry that firearm aboard an aircraft of which
the officer is the pilot in accordance with this section if
the firearm is of a type that may be used under the
program.''.
(b) Carriage of Firearms on International Flights.--
Paragraph (5) of section 44921(f), as redesignated by
subsection (a)(1), is amended to read as follows:
``(5) Carrying firearms outside united states.--
``(A) In general.--In consultation with the Secretary of
State, the Secretary may take such action as may be necessary
to ensure that a Federal flight deck officer may carry a
firearm in a foreign country whenever necessary to
participate in the program.
``(B) Consistency with federal air marshal program.--The
Secretary shall work to make policies relating to the
carriage of firearms on flights in foreign air transportation
by Federal flight deck officers consistent with the policies
of the Federal air marshal program for carrying firearms on
such flights not withstanding Annex 17 (ICAO Annex 17
standard 4.7.7.)''.
(c) Carriage of Firearm in Passenger Cabin.--
(1) Rule of construction.--Section 44921 is amended by
adding at the end the following:
``(l) Rule of Construction.--Nothing in this section shall
be construed to require a Federal flight deck officer to
place a firearm in a locked container, or in any other manner
render the firearm unavailable, when the cockpit door is
opened.''.
(2) Conforming repeal.--Section 44921(b)(3) is amended--
(A) by striking subparagraph (G); and
(B) by redesignating subparagraphs (H) through (N) as
subparagraphs (G) through (M), respectively.
(d) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of the
Transportation Security Administration shall--
(1) prescribe regulations on the proper storage of firearms
when a Federal flight deck officer is at home or where the
officer is residing when traveling; and
(2) revise the procedural requirements established under
section 44921(b)(1) of title 49, United States Code, to
implement the amendments made by subsection (c).
SEC. 2704. PHYSICAL STANDARDS FOR FEDERAL FLIGHT DECK
OFFICERS.
Section 44921(d)(2) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively, and by moving
such clauses, as so redesignated, 2 ems to the right;
(2) by striking ``A pilot is'' and inserting the following:
``(A) In general.--A pilot is''; and
(3) by adding at the end the following:
``(B) Consistency with requirements for certain medical
certificates.--In establishing standards under subparagraph
(A)(ii), the Secretary 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 a first- or second-class airman medical
certificate under part 67 of title 14, Code of Federal
Regulations (or any corresponding similar regulation or
ruling).''.
SEC. 2705. TRANSFER OF FEDERAL FLIGHT DECK OFFICERS FROM
INACTIVE TO ACTIVE STATUS.
Section 44921(d) is amended by adding at the end the
following:
``(5) Transfer from inactive to active status.--A pilot
deputized as a Federal flight deck officer who moves to
inactive status for less than 5 years may return to active
status after completing one program of recurrent training
described in subsection (c).''.
SEC. 2706. FACILITATION OF SECURITY SCREENING OF FEDERAL
FLIGHT DECK OFFICERS.
Section 44921, as amended by section 2703(c)(1), is further
amended by adding at the end the following:
``(m) Facilitation of Security Screening of Federal Flight
Deck Officers.--
``(1) Eligibility for expedited screening.--The
Administrator of the Transportation Security Administration
shall allow a Federal flight deck officer to be screened
through the crew member identity verification program of the
Transportation Security Administration (commonly known as the
`Known Crew Member program') when entering the sterile area
of an airport.
``(2) Prohibition on paperwork.--The Secretary may not
require a Federal flight deck officer to fill out any forms
or paperwork when entering the sterile area of an airport.
``(3) Sterile area defined.--In this subsection, the term
`sterile area' has the meaning given that term in section
1540.5 of title 49, Code of Federal Regulations (or any
corresponding similar regulation or ruling).''.
SEC. 2707. TECHNICAL CORRECTIONS.
Section 44921, as amended by this subtitle, is further
amended--
(1) in subsection (a), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Secretary of
Homeland Security'';
(2) in subsection (d)(4), by striking ``may,'' and
inserting ``may'';
(3) in subsection (i)(2), by striking ``the Under Secretary
may'' and inserting ``may'';
(4) 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'';
(5) by adding at the end the following:
``(n) Definitions.--In this section:
``(1) 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.
``(2) All-cargo air transportation.--The term `air
transportation' includes all-cargo air transportation.''; and
(6) by striking ``Under Secretary'' each place it appears
and inserting ``Secretary''.
SEC. 2708. REFUNDS OF CERTAIN SECURITY SERVICE FEES FOR AIR
CARRIERS WITH FEDERAL FLIGHT DECK OFFICERS ON
ALL FLIGHTS.
Section 44940 is amended by adding at the end the
following:
``(j) Refund of Fees for Air Carriers With Federal Flight
Deck Officers on All Flights.--From fees received in a fiscal
year under subsection (a)(1), each air carrier that certifies
to the Secretary of Homeland Security that all flights
operated by the air carrier have on board a pilot deputized
as a Federal flight deck officer under section 44921 shall
receive an amount equal to 10 percent of the fees collected
under subsection (a)(1) from passengers on flights operated
by that air carrier in that fiscal year.''.
SEC. 2709. TREATMENT OF INFORMATION ABOUT FEDERAL FLIGHT DECK
OFFICERS AS SENSITIVE SECURITY INFORMATION.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Homeland Security 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.
SEC. 2710. REGULATIONS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Homeland Security shall prescribe
such regulations as may be necessary to carry out this Act
and the amendments made by this Act.
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