[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4635 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 494
107th CONGRESS
  2d Session
                                H. R. 4635


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 11 (legislative day, July 10), 2002

                    Received and read the first time

                             July 15, 2002

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
   To amend title 49, United States Code, to establish a program for 
         Federal flight deck officers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Arming Pilots Against Terrorism 
Act''.

SEC. 2. FEDERAL FLIGHT DECK OFFICER PROGRAM.

    (a) In General.--Subchapter I of chapter 449 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 44921. Federal flight deck officer program
    ``(a) Establishment.--The Under Secretary of Transportation for 
Security shall establish a program to deputize volunteer pilots of air 
carriers providing air transportation or intrastate air transportation 
as Federal law enforcement officers to defend the flight decks of 
aircraft of such air carriers against acts of criminal violence or air 
piracy. Such officers shall be known as `Federal flight deck officers'.
    ``(b) Procedural Requirements.--
            ``(1) In general.--Not later than 2 months after the date 
        of enactment of this section, the Under Secretary shall 
        establish procedural requirements to carry out the program 
        under this section.
            ``(2) Commencement of program.--Beginning 2 months after 
        the date of enactment of this section, the Under Secretary 
        shall begin the process of training and deputizing pilots who 
        are qualified to be Federal flight deck officers as Federal 
        flight deck officers under the program.
            ``(3) Issues to be addressed.--The procedural requirements 
        established under paragraph (1) shall address the following 
        issues:
                    ``(A) The type of firearm to be used by a Federal 
                flight deck officer.
                    ``(B) The type of ammunition to be used by a 
                Federal flight deck officer.
                    ``(C) The standards and training needed to qualify 
                and requalify as a Federal flight deck officer.
                    ``(D) The placement of the firearm of a Federal 
                flight deck officer on board the aircraft to ensure 
                both its security and its ease of retrieval in an 
                emergency.
                    ``(E) An analysis of the risk of catastrophic 
                failure of an aircraft as a result of the discharge 
                (including an accidental discharge) of a firearm to be 
                used in the program into the avionics, electrical 
                systems, or other sensitive areas of the aircraft.
                    ``(F) The division of responsibility between pilots 
                in the event of an act of criminal violence or air 
                piracy if only one pilot is a Federal flight deck 
                officer and if both pilots are Federal flight deck 
                officers.
                    ``(G) Procedures for ensuring that the firearm of a 
                Federal flight deck officer does not leave the cockpit 
                if there is a disturbance in the passenger cabin of the 
                aircraft or if the pilot leaves the cockpit for 
                personal reasons.
                    ``(H) Interaction between a Federal flight deck 
                officer and a Federal air marshal on board the 
                aircraft.
                    ``(I) The process for selection of pilots to 
                participate in the program based on their fitness to 
                participate in the program, including whether an 
                additional background check should be required beyond 
                that required by section 44936(a)(1).
                    ``(J) Storage and transportation of firearms 
                between flights, including international flights, to 
                ensure the security of the firearms, focusing 
                particularly on whether such security would be enhanced 
                by requiring storage of the firearm at the airport when 
                the pilot leaves the airport to remain overnight away 
                from the pilot's base airport.
                    ``(K) Methods for ensuring that security personnel 
                will be able to identify whether a pilot is authorized 
                to carry a firearm under the program.
                    ``(L) Methods for ensuring that pilots (including 
                Federal flight deck officers) will be able to identify 
                whether a passenger is a law enforcement officer who is 
                authorized to carry a firearm aboard the aircraft.
                    ``(M) Any other issues that the Under Secretary 
                considers necessary.
            ``(4) Preference.--In selecting pilots to participate in 
        the program, the Under Secretary shall give preference to 
        pilots who are former military or law enforcement personnel.
            ``(5) Classified information.--Notwithstanding section 552 
        of title 5 but subject to section 40119 of this title, 
        information developed under paragraph (3)(E) shall not be 
        disclosed.
            ``(6) Notice to congress.--The Under Secretary shall 
        provide notice to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate after completing the analysis required by paragraph 
        (3)(E).
            ``(7) Minimization of risk.--If the Under Secretary 
        determines as a result of the analysis under paragraph (3)(E) 
        that there is a significant risk of the catastrophic failure of 
        an aircraft as a result of the discharge of a firearm, the 
        Under Secretary shall take such actions as may be necessary to 
        minimize that risk.
    ``(c) Training, Supervision, and Equipment.--
            ``(1) In general.--The Under Secretary shall provide the 
        training, supervision, and equipment necessary for a pilot to 
        be a Federal flight deck officer under this section at no 
        expense to the pilot or the air carrier employing the pilot.
            ``(2) Training.--
                    ``(A) In general.--The Under Secretary shall base 
                the requirements for the training of Federal flight 
                deck officers under subsection (b) on the training 
                standards applicable to Federal air marshals; except 
                that the Under Secretary shall take into account the 
                differing roles and responsibilities of Federal flight 
                deck officers and Federal air marshals.
                    ``(B) Elements.--The training of a Federal flight 
                deck officer shall include, at a minimum, the following 
                elements:
                            ``(i) Training to ensure that the officer 
                        achieves the level of proficiency with a 
                        firearm required under subparagraph (C)(i).
                            ``(ii) Training to ensure that the officer 
                        maintains exclusive control over the officer's 
                        firearm at all times, including training in 
                        defensive maneuvers.
                            ``(iii) Training to assist the officer in 
                        determining when it is appropriate to use the 
                        officer's firearm and when it is appropriate to 
                        use less than lethal force.
                    ``(C) Training in use of firearms.--
                            ``(i) Standard.--In order to be deputized 
                        as a Federal flight deck officer, a pilot must 
                        achieve a level of proficiency with a firearm 
                        that is required by the Under Secretary. Such 
                        level shall be comparable to the level of 
                        proficiency required of Federal air marshals.
                            ``(ii) Conduct of training.--The training 
                        of a Federal flight deck officer in the use of 
                        a firearm may be conducted by the Under 
                        Secretary or by a firearms training facility 
                        approved by the Under Secretary.
                            ``(iii) Requalification.--The Under 
                        Secretary shall require a Federal flight deck 
                        officer to requalify to carry a firearm under 
                        the program. Such requalification shall occur 
                        quarterly or at an interval required by a rule 
                        issued under subsection (i).
    ``(d) Deputization.--
            ``(1) In general.--The Under Secretary may deputize, as a 
        Federal flight deck officer under this section, a pilot who 
        submits to the Under Secretary a request to be such an officer 
        and whom the Under Secretary determines is qualified to be such 
        an officer.
            ``(2) Qualification.--A pilot is qualified to be a Federal 
        flight deck officer under this section if--
                    ``(A) the pilot is employed by an air carrier;
                    ``(B) the Under Secretary determines that the pilot 
                meets the standards established by the Under Secretary 
                for being such an officer; and
                    ``(C) the Under Secretary determines that the pilot 
                has completed the training required by the Under 
                Secretary.
            ``(3) Deputization by other federal agencies.--The Under 
        Secretary may request another Federal agency to deputize, as 
        Federal flight deck officers under this section, those pilots 
        that the Under Secretary determines are qualified to be such 
        officers.
            ``(4) Revocation.--The Under Secretary may revoke the 
        deputization of a pilot as a Federal flight deck officer if the 
        Under Secretary finds that the pilot is no longer qualified to 
        be such an officer.
    ``(e) Compensation.--Pilots participating in the program under this 
section shall not be eligible for compensation from the Federal 
Government for services provided as a Federal flight deck officer. The 
Federal Government and air carriers shall not be obligated to 
compensate a pilot for participating in the program or for the pilot's 
training or qualification and requalification to carry firearms under 
the program.
    ``(f) Authority To Carry Firearms.--
            ``(1) In general.--The Under Secretary shall authorize a 
        Federal flight deck officer to carry a firearm while engaged in 
        providing air transportation or intrastate air transportation. 
        Notwithstanding subsection (c)(1), the 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.
            ``(2) Preemption.--Notwithstanding any other provision of 
        Federal or State law, a Federal flight deck officer, whenever 
        necessary to participate in the program, may carry a firearm in 
        any State and from one State to another State.
            ``(3) Carrying firearms outside united states.--In 
        consultation with the Secretary of State, the Under 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.
    ``(g) Authority To Use Force.--Notwithstanding section 44903(d), 
the Under Secretary shall prescribe the standards and circumstances 
under which a Federal flight deck officer may use, while the program 
under this section is in effect, force (including lethal force) against 
an individual in the defense of the flight deck of an aircraft in air 
transportation or intrastate air transportation.
    ``(h) Limitation on Liability.--
            ``(1) Liability of air carriers.--An air carrier shall not 
        be liable for damages in any action brought in a Federal or 
        State court arising out of a Federal flight deck officer's use 
        of or failure to use a firearm.
            ``(2) Liability of federal flight deck officers.--A Federal 
        flight deck officer shall not be liable for damages in any 
        action brought in a Federal or State court arising out of the 
        acts or omissions of the officer in defending the flight deck 
        of an aircraft against acts of criminal violence or air piracy 
        unless the officer is guilty of gross negligence or willful 
        misconduct.
            ``(3) Liability of federal government.--For purposes of an 
        action against the United States with respect to an act or 
        omission of a Federal flight deck officer, the officer shall be 
        treated as an employee of the Federal Government under chapter 
        171 of title 28, relating to tort claims procedure.
    ``(i) Procedures Following Accidental Discharges.--
            ``(1) In general.--If an accidental discharge of a firearm 
        under the pilot program results in the injury or death of a 
        passenger or crew member on an aircraft, the Under Secretary--
                    ``(A) shall revoke the deputization of the Federal 
                flight deck officer responsible for that firearm if the 
                Under Secretary determines that the discharge was 
                attributable to the negligence of the officer; and
                    ``(B) if the Under Secretary determines that a 
                shortcoming in standards, training, or procedures was 
                responsible for the accidental discharge, the Under 
                Secretary may temporarily suspend the program until the 
                shortcoming is corrected.
            ``(2) Affect of suspension.--A temporary suspension of the 
        pilot program under paragraph (1) suspends the running of the 
        2-year period for the pilot program until the suspension is 
        terminated.
    ``(j) Limitation on Authority of Air Carriers.--No air carrier 
shall prohibit or threaten any retalitory action against a pilot 
employed by the air carrier from becoming a Federal flight deck officer 
under this section. No air carrier shall--
            ``(1) prohibit a Federal flight deck officer from piloting 
        an aircraft operated by the air carrier, or
            ``(2) terminate the employment of a Federal flight deck 
        officer, solely on the basis of his or her volunteering for or 
        participating in the program under this section.
    ``(k) Applicability.--
            ``(1) Exemption.--This section shall not apply to air 
        carriers operating under part 135 of title 14, Code of Federal 
        Regulations, and to pilots employed by such carriers to the 
        extent that such carriers and pilots are covered by section 
        135.119 of such title or any successor to such section.
            ``(2) Pilot defined.--The term `pilot' means an individual 
        who has final authority and responsibility for the operation 
        and safety of the flight or, if more than 1 pilot is required 
        for the operation of the aircraft or by the regulations under 
        which the flight is being conducted, the individual designated 
        as second in command.''.
    (b) Conforming Amendments.--
            (1) Chapter analysis.--The analysis for such chapter is 
        amended by inserting after the item relating to section 44920 
        the following:

``44921.  Federal flight deck officer program.''.
            (2) Flight deck security.--Section 128 of the Aviation and 
        Transportation Security Act (Public Law 107-71) is repealed.
    (c) Federal Air Marshal Program.--
            (1) Sense of congress.--It is the sense of Congress that 
        the Federal air marshal program is critical to aviation 
        security.
            (2) Limitation on statutory construction.--Nothing in this 
        Act, including any amendment made by this Act, shall be 
        construed as preventing the Under Secretary of Transportation 
        for Security from implementing and training Federal air 
        marshals.

SEC. 3. CREW TRAINING.

    (a) In General.--Section 44918(e) of title 49, United States Code, 
is amended--
            (1) by striking ``The Administrator'' and inserting the 
        following:
            ``(1) In general.--The Under Secretary'';
            (2) by adding at the end the following:
            ``(2) Additional requirements.--In updating the training 
        guidance, the Under Secretary, in consultation with the 
        Administrator, shall issue a rule to--
                    ``(A) require both classroom and effective hands-on 
                situational training in the following elements of self 
                defense:
                            ``(i) recognizing suspicious activities and 
                        determining the seriousness of an occurrence;
                            ``(ii) deterring a passenger who might 
                        present a problem;
                            ``(iii) crew communication and 
                        coordination;
                            ``(iv) the proper commands to give to 
                        passengers and attackers;
                            ``(v) methods to subdue and restrain an 
                        attacker;
                            ``(vi) use of available items aboard the 
                        aircraft for self-defense;
                            ``(vii) appropriate and effective responses 
                        to defend oneself, including the use of force 
                        against an attacker;
                            ``(viii) use of protective devices assigned 
                        to crew members (to the extent such devices are 
                        approved by the Administrator or Under 
                        Secretary);
                            ``(ix) the psychology of terrorists to cope 
                        with their behavior and passenger responses to 
                        that behavior;
                            ``(x) how to respond to aircraft maneuvers 
                        that may be authorized to defend against an act 
                        of criminal violence or air piracy;
                    ``(B) require training in the proper conduct of a 
                cabin search, including the duty time required to 
                conduct the search;
                    ``(C) establish the required number of hours of 
                training and the qualifications for the training 
                instructors;
                    ``(D) establish the intervals, number of hours, and 
                elements of recurrent training; and
                    ``(E) ensure that air carriers provide the initial 
                training required by this paragraph within 24 months of 
                the date of enactment of this subparagraph.
            ``(3) Responsibility of under secretary.--(A) 
        Consultation.--In developing the rule under paragraph (2), the 
        Under Secretary shall consult with law enforcement personnel 
        and security experts who have expertise in self-defense 
        training, terrorism experts, and representatives of air 
        carriers, the provider of self-defense training for Federal air 
        marshals, flight attendants, labor organizations representing 
        flight attendants, and educational institutions offering law 
        enforcement training programs.
                    ``(B) Designation of official.--The Under Secretary 
                shall designate an official in the Transportation 
                Security Administration to be responsible for 
                overseeing the implementation of the training program 
                under this subsection.
                    ``(C) Necessary resources and knowledge.--The Under 
                Secretary shall ensure that employees of the 
                Administration responsible for monitoring the training 
                program have the necessary resources and knowledge.''; 
                and
            (3) by aligning the remainder of the text of paragraph (1) 
        (as designated by paragraph (1) of this section) with 
        paragraphs (2) and (3) (as added by paragraph (2) of this 
        section).
    (b) Enhance Security Measures.--Section 109(a) of the Aviation and 
Transportation Security Act (49 U.S.C. 114 note; 115 Stat. 613-614) is 
amended by adding at the end the following:
            ``(9) Require that air carriers provide flight attendants 
        with a discreet, hands-free, wireless method of communicating 
        with the pilots.''.
    (c) Benefits and Risks of Providing Flight Attendants With 
Nonlethal Weapons.--
            (1) Study.--The Under Secretary of Transportation for 
        Security shall conduct a study to evaluate the benefits and 
        risks of providing flight attendants with nonlethal weapons to 
        aide in combating air piracy and criminal violence on 
        commercial airlines.
            (2) Report.--Not later than 6 months after the date of 
        enactment of this Act, the Under Secretary shall transmit to 
        Congress a report on the results of the study.

SEC. 4. COMMERCIAL AIRLINE SECURITY STUDY.

    (a) Study.--The Secretary of Transportation shall conduct a study 
of the following:
            (1) The number of armed Federal law enforcement officers 
        (other than Federal air marshals), who travel on commercial 
        airliners annually and the frequency of their travel.
            (2) The cost and resources necessary to provide such 
        officers with supplemental training in aircraft anti-terrorism 
        training that is comparable to the training that Federal air 
        marshals are provided.
            (3) The cost of establishing a program at a Federal law 
        enforcement training center for the purpose of providing new 
        Federal law enforcement recruits with standardized training 
        comparable to the training that Federal air marshals are 
        provided.
            (4) The feasibility of implementing a certification program 
        designed for the purpose of ensuring Federal law enforcement 
        officers have completed the training described in paragraph (2) 
        and track their travel over a 6-month period.
            (5) The feasibility of staggering the flights of such 
        officers to ensure the maximum amount of flights have a 
        certified trained Federal officer on board.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Secretary shall transmit to Congress a report on the 
results of the study. The report may be submitted in classified and 
redacted form.

SEC. 5. AUTHORITY TO ARM FLIGHT DECK CREW WITH LESS-THAN-LETHAL 
              WEAPONS.

    (a) In General.--Section 44903(i) of title 49, United States Code 
(as redesignated by section 6 of this Act) is amended by adding at the 
end the following:
            ``(3) Request of air carriers to use less-than-lethal 
        weapons.--If, after the date of enactment of this paragraph, 
        the Under Secretary receives a request from an air carrier for 
        authorization to allow pilots of the air carrier to carry less-
        than-lethal weapons, the Under Secretary shall respond to that 
        request within 90 days.''.
    (b) Conforming Amendments.--Such section is further amended--
            (1) in paragraph (1) by striking ``Secretary'' the first 
        and third places it appears and inserting ``Under Secretary''; 
        and
            (2) in paragraph (2) by striking ``Secretary'' each place 
        it appears and inserting ``Under Secretary''.

SEC. 6. TECHNICAL AMENDMENTS.

    Section 44903 of title 49, United States Code, is amended--
            (1) by redesignating subsection (i) (relating to short-term 
        assessment and deployment of emerging security technologies and 
        procedures) as subsection (j);
            (2) by redesignating the second subsection (h) (relating to 
        authority to arm flight deck crew with less-than-lethal 
        weapons) as subsection (i); and
            (3) by redesignating the third subsection (h) (relating to 
        limitation on liability for acts to thwart criminal violence 
        for aircraft piracy) as subsection (k).

            Passed the House of Representatives July 10, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

                            By Martha C. Morrison,

                                                          Deputy Clerk.




                                                       Calendar No. 494

107th CONGRESS

  2d Session

                               H. R. 4635

_______________________________________________________________________

                                 AN ACT

   To amend title 49, United States Code, to establish a program for 
         Federal flight deck officers, and for other purposes.

_______________________________________________________________________

                             July 15, 2002

            Read the second time and placed on the calendar