(c) LIMITATION ON SECONDARY SCREENING.—The 
Assistant Secretary, in cooperation with appropriate Fed-
eral agencies and the representatives of the aviation indus-
try, shall develop a process to ensure that a passenger who 
has successfully completed a finger-print based back-
ground check conducted by the Department of Homeland 
Security, or holds a security clearance issued by the De-
partment of Homeland Security, is not subject to sec-
ondary screening as the result of a designation under 
CAPPS. 
SEC. 305. SECURE FLIGHT PROGRAM. 
(a) NON-FEDERAL DATA.—Not later than 90 days 
after the date of enactment of this Act, the Secretary of 
Homeland Security shall begin to use data obtained from 
non-Federal sources to instantaneously verify or disprove 
the identity of an individual who as a result of implemen-
tation of the Secure Flight program (or any successor pro-
gram related to advanced passenger prescreening) is de-
layed or prohibited from boarding an aircraft or is other-
wise determined to pose a security threat. 
(b) LIMITATION.—The Secretary shall not purchase, 
compile, obtain, or otherwise possess any data obtained 
from non-Federal sources to verify or disprove the identity 
of an individual under subsection (a), other than data pro-
vided by an individual for the purpose of determining the 
individual’s identity. 
TITLE IV—MISCELLANEOUS 
PROVISIONS 
SEC. 401. 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) DATES OF TRAINING.—The Secretary shall 
ensure that a pilot who is eligible to receive Federal 
flight deck officer training is offered, to the max-
imum extent practicable, a choice of training dates 
and is provided at least 30 days advance notice of 
the dates. 
‘‘(4) TRAVEL TO TRAINING FACILITIES.—The 
Secretary shall establish a program to improve travel 
access to Federal flight deck officer training facili-
ties through the use of charter flights or improved 
scheduled air carrier service. 
‘‘(5) 
REQUALIFICATION
AND
RECURRENT 
TRAINING.— 
‘‘(A) STANDARDS.—The Secretary shall es-
tablish 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 train-
ing at geographically diverse facilities, including 
Federal, State, and local law enforcement and 
government facilities, and private training fa-
cilities that meet the qualification standards es-
tablished under subparagraph (A). 
‘‘(6) COSTS OF TRAINING.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
provide Federal flight deck officer training, re-
qualification 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 train-
ing, requalification training, or recurrent train-
ing. 
‘‘(7) COMMUNICATIONS.—Not later than 180 
days after the date of enactment of this paragraph, 
the Secretary shall establish a secure means for per-
sonnel of the Transportation Security Administra-
tion to communicate with Federal flight deck offi-
cers, and for Federal flight deck officers to commu-
nicate with each other, in support of the mission of
such officers. Such means of communication may in-
clude a secure Internet website.’’. 
(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 revoca-
tion. 
‘‘(B) HEARINGS.—An individual who is ad-
versely 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 deci-
sion of an administrative law judge as a result 
of a hearing under subparagraph (B) shall be
made to the Secretary or the Secretary’s des-
ignee. 
‘‘(D) JUDICIAL
REVIEW
OF
A
FINAL 
ORDER.—The determination and order of the 
Secretary revoking the deputization of a Fed-
eral 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 CAR-
RIAGE 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 para-
graph, 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 pro-
cedures that the Secretary determines necessary 
to ensure safety and maximize weapon reten-
tion. 
‘‘(B) REVIEW.—Not later than 1 year 
after the date of initiation of the pilot program, 
the Secretary shall conduct a review of the safe-
ty 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 deter-
mined 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 re-
quirements as the Secretary determines appro-
priate.’’. 
(d) FEDERAL FLIGHT DECK OFFICERS ON INTER-
NATIONAL FLIGHTS.— 
(1) AGREEMENTS
WITH
FOREIGN
GOVERN-
MENTS.—The President is encouraged to pursue ag-
gressively 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 Sec-
retary 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’’. 
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