[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2546 Reference Change Senate (RCS)]







107th CONGRESS
  2d Session
                                S. 2546

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2002

 Mr. Thurmond introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

                              June 4, 2002

 Committee discharged; referred to the Committee on Commerce, Science, 
                           and Transportation

_______________________________________________________________________

                                 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.--Not later than 90 days after the date of 
enactment of this section, the Under Secretary of Transportation for 
Security shall establish a program to deputize qualified volunteer 
pilots of passenger aircraft as Federal law enforcement officers to 
defend the flight decks of aircraft of air carriers engaged in air 
transportation or intrastate air transportation against acts of 
criminal violence or air piracy. Such officers shall be known as 
`Federal flight deck officers'. The program shall be administered in 
connection with the Federal air marshal program.
    ``(b) Qualified Pilot.--Under the program, a qualified pilot is a 
pilot of an aircraft engaged in air transportation or intrastate air 
transportation who--
            ``(1) is employed by an air carrier;
            ``(2) has demonstrated to the satisfaction of the Under 
        Secretary fitness to be a Federal flight deck officer under the 
        program; and
            ``(3) has been the subject of an employment investigation 
        (including a criminal history record check) under section 
        44936(a)(1).
    ``(c) Training, Supervision, and Equipment.--The Under Secretary of 
Transportation for Security shall provide training, supervision, and 
equipment necessary for a qualified pilot to be a Federal flight deck 
officer under this section at no expense to the pilot or the air 
carrier employing the pilot.
    ``(d) Deputization.--
            ``(1) In general.--The Under Secretary shall deputize, as a 
        Federal flight deck officer under this section, any qualified 
        pilot who submits to the Under Secretary a request to be such 
        an officer.
            ``(2) Initial deputization.--Not later than 120 days after 
        the date of enactment of this section, the Under Secretary 
        shall deputize not fewer than 500 qualified pilots who are 
        former military or law enforcement personnel as Federal flight 
        deck officers under this section.
            ``(3) Full implementation.--Not later than 24 months after 
        the date of enactment of this section, the Under Secretary 
        shall deputize any qualified pilot as a Federal flight deck 
        officer under this section.
    ``(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.
    ``(f) Authority To Carry Firearms.--The Under Secretary shall 
authorize a Federal flight deck officer under this section to carry a 
firearm while engaged in providing air transportation or intrastate air 
transportation.
    ``(g) Authority To Use Force.--Notwithstanding section 44903(d), a 
Federal flight deck officer may use force (including lethal force) 
against an individual in the defense of an aircraft in air 
transportation or intrastate air transportation if the officer 
reasonably believes that the security of the aircraft is at risk.
    ``(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 the air carrier employing a pilot of 
        an aircraft who is a Federal flight deck officer under this 
        section or out of the acts or omissions of the pilot in 
        defending an aircraft of the air carrier against acts of 
        criminal violence or air piracy.
            ``(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 an aircraft 
        against acts of criminal violence or air piracy unless the 
        officer is guilty of gross negligence or willful misconduct.
    ``(i) Regulations.--Not later than 90 days after the date of 
enactment of this section, the Under Secretary, in consultation with 
the Firearms Training Unit of the Federal Bureau of Investigation, 
shall issue regulations to carry out this section.
    ``(j) Pilot Defined.--The term `pilot' means an individual 
responsible for the operation of aircraft.''.
    (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) Employment investigations.--Section 44936(a)(1)(B) is 
        amended--
                    (A) by aligning clause (iii) with clause (ii);
                    (B) by striking ``and'' at the end of clause (iii);
                    (C) by striking the period at the end of clause 
                (iv) and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(v) qualified pilots who are deputized as Federal flight 
        deck officers under section 44921.''.
            (3) Flight deck security.--Section 128 of the Aviation and 
        Transportation Security Act (Public Law 107-71) is repealed.
                                 <all>