[Congressional Record Volume 147, Number 136 (Thursday, October 11, 2001)]
[Senate]
[Pages S10500-S10502]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE NEED FOR PILOTS TO HAVE GUNS IN THE COCKPIT
Mr. MURKOWSKI. Mr. President, it was my intent to call up two
amendments. But there is objection. As a consequence, I will use this
opportunity to discuss the merits since I will not be offering the
amendments now. They have already been filed at the desk. It is my
intent, at the appropriate time, without objection, to ask for a
recorded vote on the amendments. I want to speak on the application of
the
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amendments and the importance of the amendments.
One of the amendments seeks to address the issue of what we do with
our commercial aviation safety relative to the reality that we do put
our lives in the hands of the pilot in command--and the copilot, to a
degree, depending on who has control of the aircraft. With the limited
knowledge that we have relative to the two aircraft that went into the
World Trade Center, and looking back at the apparent effort by
passengers and, perhaps, some members of the crew, to try to take over
the aircraft that went down in Pennsylvania, one clearly can project
what the outcome might have been had the captain of any of those
aircraft had a handgun in the cockpit, available for such a set of
circumstances.
It reminds me of an occasion with a little different circumstance. I
will try to put it in the vein in which it was communicated to me. It
is not an exact parallel, but it represents a reality associated with a
handgun emergency. My wife and I were in New York a number of years ago
and had been to the theater and were going back to our hotel in the
financial district. As the taxicab came to a stoplight with several
other cabs, there was a policeman with his baton tapping on the
windows.
The cabbie rolled down the window and the policeman said: How is your
fare?
He said: Fine. And then the window was rolled up and the taxicab went
on.
I asked the cabbie: What was that all about?
He said: We have had a number of robberies and a couple of taxicab
drivers have been murdered in New York, so we are tightening up
security.
We went on for a while, and I casually said: Have you ever had a
problem?
He said: Only once.
I asked him what the problem was. He said he was taking a couple
somewhere and felt a little uneasy because they didn't seem to know
where they were going. He took them to an area, and he decided the best
thing he could do would be to let the fares out. There were two women
and a man. As he told them to get out of the cab, suddenly he felt a
razor at his neck. They said: Turn over your wallet, and all the money
you have.
He said: I can't until I get out of the cab. They had to move at that
time so they could get out of the back seat and he could get out of the
front seat. As he did, he reached under the seat and pulled out a
pistol. The next time they confronted him, they were looking right at
the end of his barrel.
I asked him: What did you do then?
This is the part of the story that is really not apropos.
He said: I lined them up to the fence and robbed them.
I thought that was an interesting turn of events.
I said: Did you report it?
He said: Well, no, I didn't have a permit for the gun.
That is a little story that I think applies, at least in the sense
that had the pilot in command had the availability of a gun, things
might have been entirely different. One of my amendments seeks to arm
pilots of commercial aircraft with handguns, and I think the
justification for that speaks for itself.
We put our lives in the hands of a pilot. Aviation security is of
vital importance to our Nation's security, our economy, and we have
learned a lot since the tragic events since September 11 about how much
our Nation depends on our freedom to move about our country. We also
rely, obviously, on our lifeline of shipments and products. Most
importantly, our citizens rely upon the airlines for safe transit
around the country and throughout the world.
I think it is our duty to ensure that they are traveling safe and
secure, and their confidence by our efforts will decide the future of
air travel in our Nation and, in turn, the health of our country.
Throughout this debate, we must remember that, as each passenger boards
a commercial airliner, they first look toward the cockpit. They look
toward the cockpit and the flight crew for their immediate security,
because we all know that they, indeed, have our lives in their hands
and they are trained and competent. When the plane rises into the sky
and the wheels tuck away into the underbelly of the aircraft, it is the
pilot, copilot, and sometimes the navigator--the entire flight crew--
who serve as the last line of defense and security for that aircraft
and the passengers therein.
So we as legislators, and as passengers, trust the flight crew with
our safety and security. We must ensure that they have the tools to
compete, if you will, and to complete the task. For this reason, I have
an amendment at the desk, which I will not call up at this time, but I
intend to do so when there is no objection. This amendment would be to
the Aviation Safety Act, and it would allow pilots, copilots, and in
the case of navigators on commercial aircraft the ability and authority
to carry a handgun while in flight for the defense of the plane.
We are talking about putting air marshals on the aircraft, aren't we?
We are talking about allowing them to be armed. The authority of an air
marshal currently on an aircraft indeed suggests that that individual
is armed. You can't put air marshals on all flights, but you can
provide the authority for the captain and copilot to carry a handgun in
the cockpit.
I think this is, first and foremost, really an effort to increase the
level of safety aboard our commercial fleets. It is intended to give
crew members the weapons and the necessary skills to thwart future
hijacking attempts and to assist Federal sky marshals assigned to
commercial aircraft.
I don't take this amendment lightly. My amendment does not cavalierly
attempt to hand out guns to flight crews and simply wish them the best.
Because of the September 11 tragedy, and the tactics used by the
hijackers that day, we must change the way aircraft and passengers are
protected, and I believe my amendment contributes to that
effort because it provides for strict and thorough background checks on
all individuals who would be armed under this provision.
Secondly, it would require that flight deck personnel attend a
training program approved by the Secretary of Transportation in
consultation with other appropriate Federal agencies.
My amendment also requires annual recertification to ensure that
flight deck personnel maintain a high level of training.
Third, this amendment deputizes flight deck personnel who have passed
training certification. This is a critical component, and this
amendment is necessary because it is imperative to keep the crew
protected and in control of the craft, but it is carefully tailored to
limit authority to cockpit protection.
As many in this Chamber are aware, there is a large percentage of
pilots who have served in the military. Many have served in law
enforcement. In fact, many also serve as Reservists in different
branches of the military. These pilots have been trained in the use of
weaponry. Why not utilize the trained personnel we already have?
I am not alone in this. The Airline Pilots Association supports this
concept. They have written to the FBI requesting a program to train
cockpit personnel, and I have heard from many pilots, particularly in
my State of Alaska and around the country, who support it.
Frankly, many of our aircraft in Alaska fly in the bush and carry
guns on the aircraft in control of the captain. It is done for a number
of reasons, primarily not associated with terrorism, but simply the
reality if you have an accident, if you go down in an isolated area,
you damn well better have a gun for your own survival and that of your
passengers. Why not further enhance the chances of passenger and
aircraft survival.
I applaud the administration and this Congress for moving quickly to
secure the cockpit cabins and adding the sky marshals who, obviously,
will have guns, improving airport perimeter security, training
screening personnel, and increasing flight deck security. But we must
also afford passengers the utmost security after the plane has cleared
the runway. Arming pilots is not the only solution, but it is an
important component because it might have resulted in those aircraft
not reaching the tragic end they did.
The pilots know what they need. The pilots have spoken. The
passengers certainly will support it, and the Congress should pass it.
I encourage my colleagues to support this amendment
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when it does come up and is not objected to and the entire Aviation
Security Act.
There is one other amendment I wish to talk about but which I am not
prepared to offer because of the objection, but I plan to offer an
amendment that would repeal the Federal Aviation Administration rule
which requires pilots who fly under part 121 to retire at age 60. It
might be a good thing if we had to retire around here at age 60, but
obviously there is no check and balance on the Senate, but there is on
pilots.
If you are 60, you are through. How ridiculous is that? This was
something that was done many years ago. I would much rather fly with an
experienced pilot who has lived to 60, and the fact that suddenly he
turns 60 and he is no longer fit to fly is totally unrealistic. The
hours gained and the experience gained provides a level of safety with
which we all feel more comfortable.
If you fly with a person who has limited hours, who may be very young
and very quick, they may not have the experience to know what to do
under certain conditions, mechanical, weather, or otherwise.
This amendment seeks to end blatant age discrimination against our
Nation's commercial pilots. Under the amendment I propose, pilots who
pass the physical and are in excellent health will be allowed to
continue to pilot commercial aircraft until their 63rd birthday. This
is optional. They do not have to. They can retire at 60. We are
offering an extension.
The amendment will also allow the FAA to require pilots to undergo
additional medical and cognitive testing for certification as well as
established standards for crew pairings. In many European countries you
can fly until 65. What is the difference?
This measure was the subject of a full Commerce Committee hearing and
was voted out of committee by a majority in March of this year. This
issue has had a hearing.
Why does the FAA mandate pilots retire at 60? Good question.
According to the agency, it is because of ``medical uncertainties
concerning pilot health after the age of 60.'' That was a long time
ago. We live longer. We are in better health. We have regular
physicals.
There are other theories. While public comments were accepted, no
public hearing to debate the issue was ever held. Think of that. While
public comments were accepted by the FAA, no public hearing to debate
the issue was held. Despite broad industry, pilot and union opposition,
the rule went into effect in 1960. The union supported it then. They
wanted the pilots to be allowed to fly longer.
Since that time, we have seen studies sponsored by the FAA. None
produced concrete evidence that pilots over 60 years of age are a
threat to the flying public. In fact, the studies have not even
included pilots over 60. Why? The FAA believes it lacks scientific
consensus, whatever that means, in favor of changing the age 60 rule.
The argument exists that there is no test that can determine the
medical and psychological fitness of a pilot to fly after 60. However,
advanced physiological and neurobehavioral testing methods do exist to
test pilots of any age.
Today, simulator training data estimates the risk of incapacitation
due specifically to cardiac complaint as only one event in more than 20
million flight hours. Sudden in-flight incapacitation is clearly a far
less threat to aviation safety than are mishaps due to, what?
Inexperienced pilot error, those pilots who are younger and who simply
do not have the time, experience and know-how to recover from
situations that can occur.
Medical science has vastly improved since 1959 with improvements in
diagnosis which include early detection, prevention, health awareness,
exercise, and diet. All of these factors have increased life expectancy
since 1959.
Airline pilots consistently demonstrate superior task performance
across all age groups when compared to age-matched nonpilots. Pilots
are also subjected to comprehensive medical examinations, when? Every 6
months.
In the 42 years since the rule was promulgated, there has not been
any evidence shown that pilots over age 60 are not fully capable of
handling their flight responsibilities. As many of my colleagues are
aware, up until the end of 1999, pilots were allowed to fly past the
age of 60 in commuter operations.
This amendment also brings to mind several other pieces of
legislation. During the debate on the Senior Citizens' Right to Work
Act of 2000, Senators supported the notion that workers today live
longer, are healthier, and live more productive lives, and that senior
workers are an invaluable resource to our Nation.
When enacting the Experienced Pilot Act of 1978, Congress stated that
the age 60 rule is arbitrary and discriminatory on its face. It
deprives qualified individuals of the right to continue in their
occupation and, at the same time, deprives the airlines of their most
qualified and experienced employees.
The time has come for Congress to repeal the age restrictions for
commercial pilots. We have had the hearings, and we have the need.
Years of medical and safety data have failed to support the position
that the chronological age of 60 represents a passenger safety concern.
Therefore, as long as pilots can pass the rigorous medical exam, he or
she should be allowed to fly.
We are proposing this only until age 63. We will evaluate the
program, obviously, after that time. Air service is critical, as we
know, to keeping commerce alive. Experienced airmen are especially
critical in rural States. In my State of Alaska, we have a huge land
mass, one-fifth the size of the United States. Many of our smaller
carriers provide the training ground for pilots and then suddenly those
pilots leave to go work for the larger airlines. We are constantly
experiencing a level of experience that lends itself occasionally to
accidents as a consequence of the inexperience. We want to keep pilots,
and if we could even bring some back who are over 60 and want to keep
flying in the commuter area, I think it would be beneficial.
It is time we end age discrimination once and for all and keep
experience in the cockpit. I recognize some of the unions are a little
jumpy on this one, but those pilots in the right seat, the copilots,
are going to want to fly a little longer when they get a little older,
too. So this thing can all level out.
The difference between the unions on this issue and the airlines is
it is a business decision, a matter of retirement. What we are talking
about is a need for these pilots to fly. They are healthy. Give them
another 3 years, evaluate the program, and get the benefit of
experience.
I thank the Chair for the attention and the courtesies of allowing me
to finish, and at an appropriate time I want to advise the floor
managers I intend to offer the amendments that are at the desk for a
formal introduction and ask for rollcall votes at that time.
Mr. President, I ask unanimous consent to have printed in the Record
a letter dated October 1, 2001, from Alaska Airlines pilot Carroll John
Campbell.
There being no objection, the letter was ordered to be printed in the
Record, as follows:
Chugiak, AK, October, 1, 2001.
Hon. Senator Robert Smith,
U.S. Senate, Washington, DC.
Dear Senator Smith: I am writing in response to a
conversation I had with one of your staff members concerning
aviation safety. My name is Carroll John Campbell. I am an
airline pilot with Alaska Airlines. The recent change in the
tactics of hijackers aboard our aircraft have necessitated a
change in our response as an airline crew and as a traveling
public. Today, one has to believe that if a terrorist
breaches the cockpit, which is easy, they are going to kill
everyone on board the aircraft and any number of people on
the ground. Our current security procedures lack the ability
to stand in the way of these atrocities. New, stronger
cockpit doors are a must, and even those may be compromised.
In this event, the only thing standing between the airplane
and our friends and families on the ground is the flight
crew.
Lethal weapons are the surest means of defense. Handguns
are our best option. Non-lethal weapons such as stun guns are
of limited value in a phone booth sized compartment when
fighting a knife. I would much rather have the knife.
Current FAR's (108.11) authorize crews to be armed.
However, the FAA and airline policy double team the pilot to
keep us unarmed. We need new fool proof legislation that
guarantees any pilot who wants to be armed, can be armed.
I will be happy to work with your office to draft this
legislation. The public is finally demanding our incapable
security system be fixed after these horrendous attacks on
Sept. 11, 2001. Please don't let them down.
Sincerely,
Carroll John Campbell.
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