[Congressional Record Volume 148, Number 67 (Wednesday, May 22, 2002)]
[Senate]
[Page S4716]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THURMOND:
  S. 2546. A bill to amend title 49, United States Code, to establish a 
program for Federal flight deck officers, and for other purposes; to 
the Committee on Armed Services.
  Mr. THURMOND. Mr. President, I rise today to express my 
disappointment in the decision announced yesterday by the Department of 
Transportation against allowing airline pilots to carry firearms during 
the performance of their duties. Today I am introducing legislation 
which would overturn that decision and require the Transportation 
Security Administration to establish a program to permit pilots to 
defend their aircraft against acts of criminal violence or air piracy. 
This legislation will provide a critical last line of defense to secure 
commercial aircraft.
  This bill I am introducing today is identical to a bill in the House 
of Representatives, H.R. 4635, introduced by Mr. Young of Alaska and 
Mr. Mica of Florida. The legislation requires the Under Secretary of 
Transportation for Security to establish a program not later than 90 
days after the date of enactment to deputize qualified volunteer pilots 
as Federal law enforcement officers to defend the cockpits of 
commercial aircraft in flight against acts of criminal violence or air 
piracy. Pilots who are deputized will be known as ``Federal Flight Deck 
Officers'' and will be authorized to carry a firearm and use force, 
including deadly force, against an individual in defense of an 
aircraft.
  Under the bill, a qualified pilot is a pilot that is employed by an 
air carrier, has demonstrated to the satisfaction of the Under 
Secretary fitness to be a Federal Flight Deck Officer, and has been the 
subject of an employment investigation, including a criminal history 
record check.
  Not later than 120 days after the date of enactment, the Under 
Secretary shall deputize 500 qualified pilots who are former military 
or law enforcement personnel. Not later than 24 months after the date 
of enactment, the Under Secretary shall deputize any qualified pilot. 
The Federal Government will provide training, supervision and equipment 
at no expense to the pilot or air carrier. Pilots participating in this 
program will not be eligible to receive compensation for services. The 
legislation protects volunteer pilots and their employers against 
liability from damages resulting from participation in the program.
  The Department of Transportation has taken important steps to improve 
the security of our airports and protect the flying public. However, 
September 11 demonstrated our enemies will stop at nothing to inflict 
harm on Americans and destroy our way of life. Our response must be 
equally as determined and resolute. We must not take half measures or 
engage in wishful thinking. We must not refrain from utilizing every 
tool we possess. We must enable those who pilot commercial passenger 
aircraft to defend against any threat and protect the safety of their 
aircraft and passengers. And finally, we must do so without further 
delay. I hope the Senate responds quickly to this important matter.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2546

       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.
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