[Congressional Record Volume 148, Number 68 (Thursday, May 23, 2002)]
[Senate]
[Pages S4841-S4843]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. SMITH of New Hampshire (for himself, Mr. Miller, Mr.
Murkowski, Mr. Burns, Mr. Bunning, and Mr. Thurmond):
S. 2554. 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 Commerce, Science, and Transportation.
Mr. SMITH of New Hampshire. Mr. President, I'd like to talk about an
issue of vital importance to the people of the United States. Is our
government doing absolutely everything in its power to prevent another
occurrence such as the one on September 11, where our own airplanes,
full of innocent men, women, and children, were hijacked and turned
into guided missiles, killing thousands? We have taken many steps to
prevent this from happening again, such as increased security checks
and reinforcing cockpit doors. But for some reason we hesitate to take
the additional step of ensuring our aircrews have the ability as well
to guard against the terrorist threat. Today, I am proud to represent a
bipartisan coalition including Senator Zell Miller, Senator Conrad
Burns, Senator Frank Murkowski, Senator Jim Bunning, and Senator Strom
Thurmond in introducing the Arming Pilots Against Terrorism and Cabin
Defense Act of 2002.
Armed pilots are our first line of deterrence and the last line of
defense to protect an aircraft from terrorist takeover. Trained Flight
Attendants are an important part of an integrated, layered strategy to
fight terrorists from the cabin to the cockpit. Flight Attendants need
more training to defend themselves and the American people from future
contemplated acts of terrorism.
This legislation sets up a voluntary program to train and deputize
pilots in the proper use of a firearm. The bill further repeals the
authority of the Undersecretary for Transportation Security to block
armed pilots. The Senate passed legislation as part of the aviation and
Transportation Security bill to authorize a pilot ``to carry a firearm
into the cockpit if--(1) the Undersecretary of Transportation for
Security Approves.'' For some reason, the Undersecretary has not
approved this measure. It is time to mandate a program to train and arm
pilots now.
Section 3 of the bill addresses the concerns of our Nation's Flight
Attendants. The bill sets up detailed requirements and training which
will prepare Flight Attendants for potential threat conditions. The
bill further sets up a new Aviation Crewmember Self-Defense Division at
the Department of Transportation to aid in the training of Flight
Attendants.
The bill mandates the development and fielding of a wireless
communications device system so the pilots may communicate with flight
attendants discreetly. Finally, the Transportation Security
Administration is required to study the issue of less than lethal
weapons for Flight Attendants.
The opponents of armed pilots argue that firearms are too dangerous
to be used in airplanes. Federal Air Marshals are armed with guns and
they sit in the passenger cabin of commercial airliners. We should not
prevent the pilots who are separated from the passengers by a
reinforced cockpit door, and
[[Page S4842]]
again, serve as the last line of defense, from being armed. It is time
to establish and implement a comprehensive training program, and arm
pilots immediately after its completion.
Pilots have told me that a stun guns or a tazer is not the answer.
Those two tools are a good supplement for a firearm, but they are not a
replacement. Again, if firearms are good enough for the Federal Air
Marshals, they are good enough for our Nation's pilots. An Air Force
fighter jet shooting down a commercial airline full of passengers is a
scary and unthinkable prospect. Armed pilots are a reasonable
alternative to an Air Force Pilot shooting down a commercial airliner.
I disagree with the Undersecretary for Transportation Security that a
reinforced cockpit door and armed Federal Air Marshals are the final
answer. I believe that armed pilots and trained Flight Attendants give
this Nation an integrated system to fight hijackers. Pilots working
together with Flight Attendants are the best method to thwart the will
of terrorists. Armed Pilots and trained Flight Attendants need to be
given the tools to stop those who would use commercial aircraft to
again attack at the heart of the United States of America.
Flight Attendants were executed on September 11 by terrorists. Giving
Flight Attendants the training contained in the bill is the least we
can do for these brave individuals. Don't forget that Flight Attendants
were specifically targeted by the terrorists and this bill will help
flight attendants to have a fighting chance.
This is an important and necessary tool in the war against
terrorists. Please support and co-sponsor the Arming Pilots Against
Terrorism and Cabin Defense Act of 2002.
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. 2554
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 and Cabin Defense Act of 2002''.
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 the Arming Pilots Against Terrorism and Cabin
Defense Act of 2002, the Under Secretary of Transportation
for Security shall establish a program to deputize qualified
pilots of commercial cargo or passenger aircraft who
volunteer for the program as Federal law enforcement officers
to defend the flight decks of commercial 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 described in
subsection (a), 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 fitness to be a Federal flight deck
officer in accordance with regulations promulgated pursuant
to this title; 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 or
make arrangements for 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. The Under Secretary may
approve private training programs which meet the Under
Secretary's specifications and guidelines. Air carriers shall
make accommodations to facilitate the training of their
pilots as Federal flight deck officers and shall facilitate
Federal flight deck officers in the conduct of their duties
under this program.
``(d) Deputization.--
``(1) In general.--The Under Secretary of Transportation
for Security shall train and 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 of
Transportation for Security shall authorize a Federal flight
deck officer under this section to carry a firearm to defend
the flight deck of a commercial passenger or cargo aircraft
while engaged in providing air transportation or intrastate
air transportation. No air carrier may prohibit a Federal
flight deck officer from carrying a firearm in accordance
with the provisions of the Arming Pilots Against Terrorism
and Cabin Defense Act of 2002.
``(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 a commercial 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.
``(3) Employee status of federal flight deck officers.--A
Federal flight deck officer shall be considered an `employee
of the Government while acting within the scope of his office
or employment' with respect to any act or omission of the
officer in defending an aircraft against acts of criminal
violence or air piracy, for purposes of sections 1346(b),
2401(b), and 2671 through 2680 of title 28 United States
Code.
``(i) Regulations.--Not later than 90 days after the date
of enactment of this section, the Under Secretary of
Transportation for Security, in consultation with the
Firearms Training Unit of the Federal Bureau of
Investigation, shall issue regulations to carry out this
section.
``(j) Pilot Defined.--In this section, the term `pilot'
means an individual who is responsible for the operation of
an aircraft, and includes a co-pilot or other member of the
flight deck crew.''.
(b) Conforming Amendments.--
(1) Chapter analysis.--The analysis for such chapter 449 is
amended by inserting after the item relating to section 44920
the following new item:
``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 (49 U.S.C. 44903 note) is
repealed.
SEC. 3. CABIN SECURITY.
(a) Technical Amendments.--Section 44903, of title 49,
United States Code, is amended--
(1) by redesignating subsection (h) (relating to authority
to arm flight deck crew with less-than-lethal weapons, as
added by section 126(b) of public law 107-71) as subsection
(j); and
(2) by redesignating subsection (h) (relating to limitation
on liability for acts to thwart criminal violence or aircraft
piracy, as added by section 144 of public law 107-71) as
subsection (k).
(b) Aviation Crewmember Self-Defense Division.--Section
44918 of title 49, United States Code, is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) In General.--
``(1) Requirement for air carriers.--Not later than 60 days
after the date of enactment of the Arming Pilots Against
Terrorism and Cabin Defense Act of 2002, the Under Secretary
of Transportation for Security, shall prescribe detailed
requirements for an air carrier cabin crew training program,
and for the instructors of that program as described in
subsection (b) to prepare crew members for potential threat
conditions. In developing the requirements, the Under
Secretary shall consult with appropriate law enforcement
personnel who have expertise in self-defense training,
security experts, and terrorism experts, and representatives
of air carriers and labor organizations representing
individuals employed in commercial aviation.
[[Page S4843]]
``(2) Aviation crewmember self-defense division.--Not later
than 60 days after the date of enactment of the Arming Pilots
Against Terrorism and Cabin Defense Act of 2002, the Under
Secretary of Transportation for Security shall establish an
Aviation Crew Self-Defense Division within the Transportation
Security Administration. The Division shall develop and
administer the implementation of the requirements described
in this section. The Under Secretary shall appoint a Director
of the Aviation Crew Self-Defense Division who shall be the
head of the Division. The Director shall report to the Under
Secretary. In the selection of the Director, the Under
Secretary shall solicit recommendations from law enforcement,
air carriers, and labor organizations representing
individuals employed in commercial aviation. The Director
shall have a background in self-defense training, including
military or law enforcement training with an emphasis in
teaching self-defense and the appropriate use force. Regional
training supervisors shall be under the control of the
Director and shall have appropriate training and experience
in teaching self-defense and the appropriate use of force.'';
(2) by striking subsection (b), and inserting the following
new subsection:
``(b) Program Elements.--
``(1) In general.--The requirements prescribed under
subsection (a) shall include, at a minimum, 28 hours of self-
defense training that incorporates classroom and situational
training that contains the following elements:
``(A) Determination of the seriousness of any occurrence.
``(B) Crew communication and coordination.
``(C) Appropriate responses to defend oneself, including a
minimum of 16 hours of hands-on training, with reasonable and
effective requirements on time allotment over a 4 week
period, in the following levels of self-defense:
``(i) awareness, deterrence, and avoidance;
``(ii) verbalization;
``(iii) empty hand control;
``(iv) intermediate weapons and self-defense techniques;
and
``(v) deadly force.
``(D) Use of protective devices assigned to crewmembers (to
the extent such devices are approved by the Administrator or
Under Secretary).
``(E) Psychology of terrorists to cope with hijacker
behavior and passenger responses.
``(F) Live situational simulation joint training exercises
regarding various threat conditions, including all of the
elements required by this section.
``(G) Flight deck procedures or aircraft maneuvers to
defend the aircraft.
``(2) Program elements for instructors.--The requirements
prescribed under subsection (a) shall contain program
elements for instructors that include, at a minimum, the
following:
``(A) A certification program for the instructors who will
provide the training described in paragraph (1).
``(B) A requirement that no training session shall have
fewer than 1 instructor for every 12 students.
``(C) A requirement that air carriers provide certain
instructor information, including names and qualifications,
to the Aviation Crew Member Self-Defense Division within 30
days after receiving the requirements described in subsection
(a).
``(D) Training course curriculum lesson plans and
performance objectives to be used by instructors.
``(E) Written training bulletins to reinforce course
lessons and provide necessary progressive updates to
instructors.
``(3) Recurrent training.--Each air carrier shall provide
the training under the program every 6 months after the
completion of the initial training.
``(4) Initial training.--Air carriers shall provide the
initial training under the program within 24 months of the
date of enactment of the Arming Pilots Against Terrorism and
Cabin Defense Act of 2002.
``(5) Communication devices.--The requirements described in
subsection (a) shall include a provision mandating that air
carriers provide flight and cabin crew with a discreet,
hands-free, wireless method of communicating with the flight
deck.''; and
(3) by adding at the end the following new subsections:
``(f) Rulemaking Authority.--Notwithstanding subsection (j)
(relating to authority to arm flight deck crew with less
than-lethal weapons) of section 44903, of this title, within
180 days after the date of enactment of the Arming Pilots
Against Terrorism and Cabin Defense Act of 2002, the Under
Secretary of Transportation for Security, in consultation
with persons described in subsection (a)(1), shall prescribe
regulations requiring air carriers to--
``(1) provide adequate training in the proper conduct of a
cabin search and allow adequate duty time to perform such a
search; and
``(2) conduct a preflight security briefing with flight
deck and cabin crew and, when available, Federal air marshals
or other authorized law enforcement officials.
``(g) Limitation on Liability.--
``(1) 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 acts or omissions of the air carrier's
training instructors or cabin crew using reasonable and
necessary force in defending an aircraft of the air carrier
against acts of criminal violence or air piracy.
``(2) Training instructors and cabin crew.--An air
carrier's training instructors or cabin crew shall not be
liable for damages in any action brought in a Federal or
State court arising out of an act or omission of a training
instructor or a member of the cabin crew regarding the
defense of an aircraft against acts of criminal violence or
air piracy unless the crew member is guilty of gross
negligence or willful misconduct.''.
(c) Nonlethal Weapons for Flight Attendants.--
(1) Study.--The Under Secretary of Transportation for
Security shall conduct a study to determine whether
possession of a nonlethal weapon by a member of an air
carrier's cabin crew would aid the flight deck crew 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 of Transportation
for Security shall prepare and submit to Congress a report on
the study conducted under paragraph (1).
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