[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4635 Reported in House (RH)]

                                                 Union Calendar No. 334
107th CONGRESS
  2d Session
                                H. R. 4635

                      [Report No. 107-555, Part I]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 1, 2002

Mr. Young of Alaska (for himself and Mr. Mica) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

                              July 8, 2002

Additional sponsors: Mr. Thune, Mr. Barr of Georgia, Mr. Schaffer, Mr. 
  Johnson of Illinois, Mr. LaTourette, Mr. Shuster, Mr. Rehberg, Mr. 
    Sandlin, Mr. Culberson, Mr. Tiahrt, Mr. Hayes, Mr. Bartlett of 
  Maryland, Mr. Tancredo, Mr. Mascara, Mr. Kingston, Mr. Smith of New 
  Jersey, Mr. Buyer, Mr. English, Mr. Hall of Texas, Mr. Boozman, Mr. 
Stenholm, Mr. Goode, Mr. Baker, Mr. Kerns, Mr. Tiberi, Mr. Jeff Miller 
of Florida, Mr. Cantor, Mr. Barton of Texas, Mr. Hilleary, Mr. Cooksey, 
Mr. Hansen, Mr. Wilson of South Carolina, Mr. Kolbe, Mrs. Jo Ann Davis 
  of Virginia, Mr. Sessions, Mrs. Cubin, Mr. Calvert, Mr. Stump, Mr. 
McInnis, Mr. Bryant, Mr. Platts, Mr. Linder, Mr. Akin, Mr. Cannon, Mr. 
 Chambliss, Mr. Taylor of Mississippi, Mr. Pickering, Mr. Hefley, Mr. 
Turner, Mr. Ross, Mr. Upton, Mr. Lucas of Kentucky, Mr. Strickland, Mr. 
                       Barcia, and Mr. Doolittle

                              July 8, 2002

    Reported with an amendment and referred to the Committee on the 
    Judiciary for a period ending not later than July 9, 2002, for 
  consideration of such provisions of the bill and amendment as fall 
 within the jurisdiction of that committee pursuant to clause 1(k) of 
                                 rule X
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                              July 9, 2002

 Committee on the Judiciary discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 1, 
                                 2002]

_______________________________________________________________________

                                 A BILL


 
   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 pilot 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 selecting, training, and deputizing 
        pilots as Federal flight deck officers under the program; 
        except that, if the procedures required under paragraph (1) are 
        not established before the last day of such 2-month period, the 
        Under Secretary shall not begin the process of selecting, 
        training, and deputizing pilots until the date on which the 
        procedures are established or the last day of the 4-month 
        period beginning on such date of enactment, whichever occurs 
        first.
            ``(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) Analyze the risk of catastrophic failure of 
                an aircraft as a result of the 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.
                    ``(J) Storage and transportation of firearms 
                between flights, including international flights, to 
                ensure the security of the firearms.
                    ``(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).
    ``(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) Maximum number.--The maximum number of pilots that 
        may be deputized under the pilot program as Federal flight deck 
        officers may not exceed 2 percent of the total number of pilots 
        that are employed by air carriers engaged in air transportation 
        or intrastate transportation on the date of enactment of this 
        section.
            ``(5) 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, 
        while the program under this section is in effect, 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.
    ``(i) Duration of Program.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, the pilot program established under this section 
        shall be in effect for a period of 2 years beginning on the 
        date that the 250th pilot is deputized as a Federal flight deck 
        officer under this section.
            ``(2) Risk-benefit determination decision.--Before the last 
        day of such 2-year period, the Under Secretary shall determine 
        whether the security benefits of the Federal flight deck 
        officer pilot program outweigh the risks of the program.
            ``(3) Termination of pilot program.--If the Under Secretary 
        determines under paragraph (2) that the risks outweigh the 
        benefits, the Under Secretary shall publish a notice in the 
        Federal Register terminating the pilot program and explaining 
        the reasons for the decision to terminate and shall provide 
        adequate notice of the decision to Federal flight deck officers 
        and other individuals as necessary.
            ``(4) Continuation of program.--
                    ``(A) In general.--If the Under Secretary 
                determines under paragraph (2) that the benefits 
                outweigh the risks, the Under Secretary shall publish a 
                notice in the Federal Register announcing the 
                continuation of the program, shall continue the program 
                in accordance with this section, and may increase the 
                number of Federal flight deck officers participating in 
                the program.
                    ``(B) Notice of proposed rulemaking.--Not later 
                than 60 days after the date of publication of a notice 
                continuing the program, the Under Secretary shall issue 
                a notice of proposed rulemaking to provide for 
                continuation of the program. In conducting the proposed 
                rulemaking, the Under Secretary shall readdress each of 
                the issues to be addressed under subsection (b)(3) and, 
                in addition, shall address the following issues:
                            ``(i) The use of various technologies by 
                        Federal flight deck officers, including smart 
                        gun technologies and nonlethal weapons.
                            ``(ii) The necessity of hardening critical 
                        avionics, electrical systems, and other 
                        vulnerable equipment on aircraft.
                            ``(iii) The standards and circumstances 
                        under which a Federal flight deck officer may 
                        use force (including lethal force) against an 
                        individual in defense of the flight deck of an 
                        aircraft.
            ``(5) Reevaluation.--Not later than 3 years after the date 
        of publication of a notice continuing the program, the Under 
        Secretary shall reevaluate the program and shall report to 
        Congress on whether, in light of additional security measures 
        that have been implemented (such as reinforced doors and 
        universal employee biometric identification), the program is 
        still necessary and should be continued or terminated.
    ``(j) 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.

    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 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 restrain an attacker;
                            ``(vi) use of available items aboard the 
                        aircraft for self-defense;
                            ``(vii) appropriate 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;
                    ``(C) establish the required number of hours of 
                training and the qualifications for the training 
                instructors;
                    ``(D) establish the intervals, amount, and elements 
                of recurrent training;
                    ``(E) ensure that air carriers provide the initial 
                training required by this paragraph within 24 months of 
                the date of enactment of this subparagraph; and
                    ``(F) ensure that no person is required to 
                participate in any hands-on training activity that that 
                person believes will have an adverse impact on his or 
                her health or safety.
            ``(3) Responsibility of under secretary.--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, employees of air carriers, and 
        educational institutions offering law enforcement training 
        programs.''; 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).

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. 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).
                                                       Calendar No. 334

107th CONGRESS

  2d Session

                               H. R. 4635

                      [Report No. 107-555, Part I]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              July 9, 2002

 Committee on the Judiciary discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed