[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).
                                 ______