[Congressional Record Volume 148, Number 91 (Tuesday, July 9, 2002)]
[House]
[Pages H4425-H4429]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 4635

                    Offered By: Mr. Barton of Texas

       Amendment No. 2: Page 8, line 8, strike ``may'' and insert 
     ``shall''.
       Page 8, line 10, strike ``a'' and insert ``any''.
       Page 9, strike lines 3 through 9.
       Page 9, line 10, strike ``(5)'' and insert ``(4)''.

                               H.R. 4635

                    Offered By: Mr. Barton of Texas

       Amendment No. 3: Page 12, strike line 3 and all that 
     follows through line 21 on page 13, and insert the following:
       ``(2) Risk-benefit determination decision.--Before the last 
     day of such 2-year period, the President, in consultation 
     with the Under Secretary, shall determine whether the 
     security benefits of the Federal flight deck officer pilot 
     program outweigh the risks of the program.
       ``(3) Termination of pilot program.--If the President, in 
     consultation with the Under Secretary, determines under 
     paragraph (2) that the risks outweigh the benefits, the 
     President shall sign a certification ordering the Under 
     Secretary to publish a notice in the Federal Register 
     terminating the pilot program and explaining the reasons for 
     the decision to terminate. The Under Secretary shall publish 
     such notice and shall provide adequate notice of the decision 
     to Federal flight deck officers and other individuals as 
     necessary.
       ``(4) Continuation of program.--If the President, in 
     consultation with the Under Secretary, determines under 
     paragraph (2) that the benefits outweigh the risks, the 
     President shall sign a certification ordering the Under 
     Secretary to publish a notice in the Federal Register 
     announcing the continuation of the program. The Under 
     Secretary shall publish such notice, continue the program in 
     accordance with this section, and may increase the number of 
     Federal flight deck officers participating in the program.

                               H.R. 4635

                       Offered By: Mr. Cunningham

       Amendment No. 4: Page 9, line 6, strike ``2 percent'' and 
     insert ``25 percent''.

[[Page H4426]]

                               H.R. 4635

                        Offered By: Mr. DeFazio

       Amendment No. 5: Page 3, lines 8 and 9, strike ``selecting, 
     training,'' and insert ``training''.
       Page 3, line 9, after ``pilots'' insert ``who are qualified 
     to be Federal flight deck officers''.
       Page 3, line 10, strike the semicolon and all that follows 
     through ``first'' on line 17.
       Page 9, strike lines 3 through 9.
       Page 9, line 10, strike ``(5)'' and insert ``(4).
       Page 12, line 21, strike the comma and insert ``and''.
       Page 12, line 23, strike the comma and all that follows 
     through ``program'' on line 24.

                               H.R. 4635

                          Offered By: Mr. Horn

       Amendment No. 6: Page 15, strike line 12 and all that 
     follows through line 4 on page 18 and insert the following:
       (a) Aviation Crewmember Self-Defense Division.--Subsections 
     (a) and (b) of section 44918 of title 49, United States Code, 
     are amended to read as follows--
       ``(a) In General.--
       ``(1) Requirements for air carriers.--
       ``(A) Prescription.--Not later than 60 days after the date 
     of enactment of the Arming Pilots Against Terrorism Act, 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.
       ``(B) Consultation.--In developing the requirements, the 
     Under Secretary shall consult with appropriate law 
     enforcement personnel who have expertise in self-defense 
     training, security experts, terrorism experts, and 
     representatives of air carriers and labor organizations 
     representing individuals employed in commercial aviation.
       ``(2) Aviation crewmember self-defense division.--
       ``(A) Establishment.--Not later than 60 days after the date 
     of enactment of this subparagraph, the Under Secretary shall 
     establish an Aviation Crew Self-Defense Division within the 
     Transportation Security Administration.
       ``(B) Duties.--The Division shall develop and administer 
     the requirements described in this section.
       ``(C) Director.--
       ``(i) Appointment.--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.
       ``(ii) Solicitation of recommendations.--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.
       ``(iii) Background.--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.
       ``(D) Regional training supervisors.--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.
       ``(b) Program Elements.--
       ``(1) In general.--The requirements prescribed under 
     subsection (a) shall provide competence, and ensure retention 
     of skills, in 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 
     hands on training, with reasonable and effective requirements 
     on time allotment providing competence and ensuring retention 
     of skills 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.
       ``(v) Deadly force.
       ``(D) Use of protective devices assigned to crewmembers (to 
     the extent such devices are approved by the Administrator of 
     the Federal Aviation Administration 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 the requirements are prescribed under 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 Act.
       ``(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.''.
       (b) Rulemaking; Liability.--Section 44918 of such title is 
     further amended by adding at the end the following:
       ``(f) Rulemaking Authority.--Notwithstanding section 
     44903(i) (relating to authority to arm flight deck crew with 
     less than-lethal weapons), not later than 180 days after the 
     date of enactment of the Arming Pilots Against Terrorism Act, 
     the Under Secretary, 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) Conforming Amendments.--Section 44918 of such title is 
     further amended--
       (1) in subsection (c)--
       (A) by striking ``issues the guidance'' and inserting 
     ``prescribes the requirements'';
       (B) by striking ``that guidance'' and inserting ``those 
     requirements''; and
       (C) by striking ``guidance'' the third place it appears; 
     and
       (2) in subsection (e) by striking ``guidance issued'' and 
     inserting ``requirements prescribed''.
       (d) 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 shall transmit to 
     Congress a report on the study.

                               H.R. 4635

                       Offered By: Mr. Hostettler

       Amendment No. 7: Page 5, strike lines 18 through 21.
       Page 5, line 22, strike ``(5)'' and insert ``(4)''.
       Page 6, line 1, strike ``(6)'' and insert ``(5)''.

                               H.R. 4635

                       Offered By: Mr. Hostettler

       Amendment No. 8: Page 9, strike lines 3 through 9 and 
     insert the following:
       ``(4) Time limits.--Not later than 180 days after the date 
     of the enactment of this section, 20 percent of all pilots 
     who volunteer to participate in the program within 30 days of 
     such date of enactment shall be trained and deputized as 
     Federal flight deck officers. Pilots may continue to 
     participate in the program during the 2-year period of the 
     pilot program. By the last day of such 2-year period, at 
     least 80 percent of all pilots who volunteer to participate 
     in the program must be trained and deputized as Federal 
     flight deck officers.
       Page 11, line 24, strike ``250th pilot'' and insert the 
     following: ``last pilot of the 20 percent of all pilots who 
     volunteer to participate in the program wihtin 30 days of 
     such date of enactment of this Act''.

                               H.R. 4635

                       Offered By: Mr. Hostettler

       Amendment No. 9: Page 11, after line 19, insert the 
     following:
       ``(i) Limitation on Authority of Air Carriers.--No air 
     carrier shall prohibit or in any way refuse or discourage a 
     pilot employed by the air carrier from becoming a Federal 
     flight deck officer under this section. No air carrier 
     shall--
       ``(1) prohibit a Federal flight deck officer from piloting 
     an aircraft operated by the air carrier, or
       ``(2) terminate the employment of a Federal flight deck 
     officer,


[[Page H4427]]


     solely on the basis of his or her volunteering for or 
     participating in the program under this section.
       Page 11, line 20, strike ``(i)'' and insert ``(j)''.
       Page 14, line 5, strike ``(j)'' and insert ``(k)''.

                               H.R. 4635

                          Offered By: Mr. Mica

       Amendment No. 10: Page 4, line 8, strike ``Analyze'' and 
     insert ``An analysis of''.
       Page 4, line 9, after ``discharge'' insert ``(including an 
     accidental discharge)''.
       Page 5, line 3, before the period insert the following: ``, 
     including whether an additional background check should be 
     required beyond that required by section 44936(a)(1)''.
       Page 5, line 6, before the period insert the following: ``, 
     focusing particularly on whether such security would be 
     enhanced by requiring storage of the firearm at the airport 
     when the pilot leaves the airport to remain overnight away 
     from the pilot's base airport.''.
       Page 6, after line 6, insert the following:
       ``(7) Minimization of risk.--If the Under Secretary 
     determines as a result of the analysis under paragraph (3)(E) 
     that there is a significant risk of the catastrophic failure 
     of an aircraft as a result of the discharge of a firearm, the 
     Under Secretary shall take such actions as may be necessary 
     to minimize that risk.''.
       Page 11, line 19, before the period insert the following: 
     ``under chapter 171 of title 28, relating to tort claims 
     procedure.''.
       Page 11, after line 19 insert the following:
       ``(i) Procedures Following Accidental Discharges.--
       ``(1) In general.--If an accidental discharge of a firearm 
     under the pilot program results in the injury or death of a 
     passenger or crew member on an aircraft, the Under 
     Secretary--
       ``(A) shall revoke the deputization of the Federal flight 
     deck officer responsible for that firearm if the Under 
     Secretary determines that the discharge was attributable to 
     the negligence of the officer; and
       ``(B) if the Under Secretary determines that a shortcoming 
     in standards, training, or procedures was responsible for the 
     accidental discharge, the Under Secretary may temporarily 
     suspend the program until the shortcoming is corrected.
       ``(2) Affect of suspension.--A temporary suspension of the 
     pilot program under paragraph (1) suspends the running of the 
     2-year period for the pilot program until the suspension is 
     terminated.''
       Page 11, line 20, strike ``(i)'' and insert ``(j)''.
       Page 13, line 6, strike ``proposed''.
       Page 14, line 4, after the period insert the following: 
     ``The report shall include a description of all the incidents 
     in which a gun is discharged, including accidental 
     discharges, on an aircraft of an air carrier after the date 
     of enactment of this section.''.
       Page 14, line 5, strike ``(j)'' and insert ``(k)''.
       Page 15, line 12, insert ``(a) In General.--'' before 
     ``Section''.
       Page 15, line 22, insert ``effective'' before ``hands-on''.
       Page 16, line 10, insert ``subdue and'' before 
     ``restrain''.
       Page 16, line 13, insert ``and effective'' after 
     ``appropriate''.
       Page 17, line 4, insert ``, including the duty time 
     required to conduct the search'' before the semicolon.
       Page 17, line 8, strike ``amount'' and insert ``number or 
     hours''
       Page 17, line 9, insert ``and'' after the semicolon.
       Page 17, line 13, strike the semicolon and all that follows 
     through line 17 and insert a period.
       Page 17, line 19, strike ``In developing'' and insert the 
     following:
       ``(A) Consultation.--In developing
       Page 17, line 23, strike ``employees of air carriers,'' and 
     insert ``the provider of self-defense training for Federal 
     air marshals, flight attendants, labor organizations 
     representing flight attendants,''.
       Page 17, line 25, strike the closing quotation marks and 
     ``; and''.
       Page 17, after line 25, insert the following:
       ``(B) Designation of official.--The Under Secretary shall 
     designate an official in the Transportation Security 
     Administration to be responsible for overseeing the 
     implementation of the training program under this subsection.
       ``(C) Necessary resources and knowledge.--The Under 
     Secretary shall ensure that employees of the Administration 
     responsible for monitoring the training program have the 
     necessary resources and knowledge.''; and
       Page 18, after line 4, insert the following:
       (b) Enhance Security Measures.--Section 109(a) of the 
     Aviation and Transportation Security Act (49 U.S.C. 114 note; 
     115 Stat. 613-614) is amended by adding at the end the 
     following:
       ``(9) Require that air carriers provide flight attendants 
     with a discreet, hands-free, wireless method of communicating 
     with the pilots.''.
       (c) Benefits and Risks of Providing Flight Attendants With 
     Nonlethal Weapons.--
       (1) Study.--The Under Secretary of Transportation for 
     Security shall conduct a study to evaluate the benefits and 
     risks of providing flight attendants with nonlethal weapons 
     to aide 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 shall transmit to 
     Congress a report on the results of the study.
       Page 19, after line 7, insert the following:

     SEC. 5. AUTHORITY TO ARM FLIGHT DECK CREW WITH LESS-THAN-
                   LETHAL WEAPONS.

       Section 44903(i) of title 49, United States Code (as 
     redesignated by section 6 of this Act) is amended by adding 
     at the end the following:
       ``(3) Request of air carriers to use less-than-lethal 
     weapons.--If, after the date of enactment of this paragraph, 
     the Under Secretary receives a request from an air carrier 
     for authorization to allow pilots of the air carrier to carry 
     less-than-lethal weapons, the Under Secretary shall respond 
     to that request within 90 days.''.
       Page 19, line 8, strike ``5'' and insert ``6''.

                               H.R. 4635

                       Offered By: Mr. Nethercutt

       Amendment No. 11: Page 2, line 12, strike ``pilot''.
       Page 3, lines 8 and 9, strike ``selecting, training,'' and 
     insert ``training''.
       Page 3, line 9, after ``pilots'' insert ``who are qualified 
     to be Federal flight deck officers''.
       Page 3, line 10, strike the semicolon and all that follows 
     through ``first'' on line 17.
       Page 9, strike lines 3 through 9.
       Page 9, line 10, strike ``(5)'' and insert ``(4).
       Page 9, line 24, strike the comma and all that follows 
     through the comma on line 25.
       Page 11, strike line 20 and all that follows through line 4 
     on page 14.
       Page 12, line 21, strike the comma and insert ``and''.
       Page 12, line 23, strike the comma and all that follows 
     through ``program'' on line 24.
       Page 14, line 5, strike ``(j)'' and insert ``(i)''.

                               H.R. 4635

                       Offered By: Mr. Nethercutt

       Amendment No. 12: Page 2, line 12, strike ``pilot''.
       Page 9, strike lines 3 through 9.
       Page 9, line 10, strike ``(5)'' and insert ``(4)''.
       Page 9, line 24, strike the comma and all that follows 
     through the comma on line 25.
       Page 11, strike line 20 and all that follows through line 4 
     on page 14.
       Page 14, line 5, strike ``(j)'' and insert ``(i)''.

                               H.R. 4635

                        Offered By: Mr. Stearns

       Amendment No. 13: Page 14, line 18, strike the close 
     quotation marks and the period.
       Page 14, insert after line 18 the following:

     ``Sec. 44922. Federal cockpit officer program

       ``(a) Establishment.--The Under Secretary of Transportation 
     for Security shall establish a pilot program to deputize 
     volunteer pilots of air carriers providing air transportation 
     or intrastate air transportation as Federal law enforcement 
     officers to defend the flight decks of aircraft of such air 
     carriers against acts of criminal violence or air piracy. 
     Such officers shall be known as `Federal cockpit officers'.
       ``(b) Procedural Requirements.--
       ``(1) In general.--Not later than 2 months after the date 
     of enactment of this section, the Under Secretary shall 
     establish procedural requirements to carry out the program 
     under this section.
       ``(2) Commencement of program.--Beginning 2 months after 
     the date of enactment of this section, the Under Secretary 
     shall begin the process of selecting, training, and 
     deputizing pilots as Federal cockpit officers under the 
     program; except that, if the procedures required under 
     paragraph (1) are not established before the last day of such 
     2-month period, the Under Secretary shall not begin the 
     process of selecting, training, and deputizing pilots until 
     the date on which the procedures are established or the last 
     day of the 4-month period beginning on such date of 
     enactment, whichever occurs first.
       ``(3) Issues to be addressed.--The procedural requirements 
     established under paragraph (1) shall address the following 
     issues:
       ``(A) The type of non-lethal weapon to be used by a Federal 
     cockpit officer.
       ``(B) The standards and training needed to qualify and 
     requalify as a Federal cockpit officer.
       ``(C) The placement of the non-lethal weapon of a Federal 
     cockpit officer on board the aircraft to ensure both its 
     security and its ease of retrieval in an emergency.
       ``(D) Analyze the risk of catastrophic failure of an 
     aircraft as a result of the discharge of a non-lethal weapon 
     to be used in the program into the avionics, electrical 
     systems, or other sensitive areas of the aircraft.
       ``(E) The division of responsibility between pilots in the 
     event of an act of criminal violence or air piracy if only 
     one pilot is a Federal cockpit officer and if both pilots are 
     Federal cockpit officers.
       ``(F) Procedures for ensuring that the non-lethal weapon of 
     a Federal cockpit officer does not leave the cockpit if there 
     is a disturbance in the passenger cabin of the aircraft or if 
     the pilot leaves the cockpit for personal reasons.
       ``(G) Interaction between a Federal cockpit officer and a 
     Federal air marshal on board the aircraft.
       ``(H) The process for selection of pilots to participate in 
     the program based on their fitness to participate in the 
     program.
       ``(I) Storage and transportation of non-lethal weapons 
     between flights, including international flights, to ensure 
     the security of the weapons.
       ``(J) Methods for ensuring that security personnel will be 
     able to identify whether a pilot is authorized to carry a 
     non-lethal weapon under the program.

[[Page H4428]]

       ``(K) Methods for ensuring that pilots (including Federal 
     cockpit officers) will be able to identify whether a 
     passenger is a law enforcement officer who is authorized to 
     carry a firearm aboard the aircraft.
       ``(L) Any other issues that the Under Secretary considers 
     necessary.
       ``(4) Preference.--In selecting pilots to participate in 
     the program, the Under Secretary shall give preference to 
     pilots who are former military or law enforcement personnel.
       ``(5) Classified information.--Notwithstanding section 552 
     of title 5 but subject to section 40119 of this title, 
     information developed under paragraph (3)(E) shall not be 
     disclosed.
       ``(6) Notice to congress.--The Under Secretary shall 
     provide notice to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate after completing the analysis required by paragraph 
     (3)(E).
       ``(c) Training, Supervision, and Equipment.--
       ``(1) In general.--The Under Secretary shall provide the 
     training, supervision, and equipment necessary for a pilot to 
     be a Federal cockpit officer under this section at no expense 
     to the pilot or the air carrier employing the pilot.
       ``(2) Training.--
       ``(A) Elements.--The training of a Federal cockpit officer 
     shall include, at a minimum, the following elements:
       ``(i) Training to ensure that the officer achieves the 
     level of proficiency with a non-lethal weapon required under 
     subparagraph (C)(i).
       ``(ii) Training to ensure that the officer maintains 
     exclusive control over the officer's non-lethal weapon at all 
     times, including training in defensive maneuvers.
       ``(iii) Training to assist the officer in determining when 
     it is appropriate to use the officer's non-lethal weapon.
       ``(B) Training in use of non-lethal weapons.--
       ``(i) Standard.--In order to be deputized as a Federal 
     cockpit officer, a pilot must achieve a level of proficiency 
     with a non-lethal weapon that is required by the Under 
     Secretary.
       ``(ii) Conduct of training.--The training of a Federal 
     cockpit officer in the use of a non-lethal weapon may be 
     conducted by the Under Secretary or by a training facility 
     approved by the Under Secretary.
       ``(iii) Requalification.--The Under Secretary shall require 
     a Federal cockpit officer to requalify to carry a non-lethal 
     weapon under the program. Such requalification shall occur 
     quarterly or at an interval required by a rule issued under 
     subsection (i).
       ``(d) Deputization.--
       ``(1) In general.--The Under Secretary may deputize, as a 
     Federal cockpit officer under this section, a pilot who 
     submits to the Under Secretary a request to be such an 
     officer and whom the Under Secretary determines is qualified 
     to be such an officer.
       ``(2) Qualification.--A pilot is qualified to be a Federal 
     cockpit officer under this section if--
       ``(A) the pilot is employed by an air carrier;
       ``(B) the Under Secretary determines that the pilot meets 
     the standards established by the Under Secretary for being 
     such an officer; and
       ``(C) the Under Secretary determines that the pilot has 
     completed the training required by the Under Secretary.
       ``(3) Deputization by other federal agencies.--The Under 
     Secretary may request another Federal agency to deputize, as 
     Federal cockpit officers under this section, those pilots 
     that the Under Secretary determines are qualified to be such 
     officers.
       ``(4) Maximum number.--The maximum number of pilots that 
     may be deputized under the pilot program as Federal cockpit 
     officers may not exceed 1 percent of the total number of 
     pilots that are employed by air carriers engaged in air 
     transportation or intrastate transportation on the date of 
     enactment of this section.
       ``(5) Revocation.--The Under Secretary may revoke the 
     deputization of a pilot as a Federal cockpit officer if the 
     Under Secretary finds that the pilot is no longer qualified 
     to be such an officer.
       ``(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 cockpit officer. The Federal Government and air 
     carriers shall not be obligated to compensate a pilot for 
     participating in the program or for the pilot's training or 
     qualification and requalification to carry non-lethal weapons 
     under the program.
       ``(f) Authority To Carry Non-Lethal Weapons.--
       ``(1) In general.--The Under Secretary shall authorize, 
     while the program under this section is in effect, a Federal 
     cockpit officer to carry a non-lethal weapon while engaged in 
     providing air transportation or intrastate air 
     transportation. Notwithstanding subsection (c)(1), the 
     officer may purchase a non-lethal weapon and carry that 
     weapon aboard an aircraft of which the officer is the pilot 
     in accordance with this section if the weapon is of a type 
     that may be used under the program.
       ``(2) Preemption.--Notwithstanding any other provision of 
     Federal or State law, a Federal cockpit officer, whenever 
     necessary to participate in the program, may carry a non-
     lethal weapon in any State and from one State to another 
     State.
       ``(3) Carrying non-lethal weapons outside united states.--
     In consultation with the Secretary of State, the Under 
     Secretary may take such action as may be necessary to ensure 
     that a Federal cockpit officer may carry a non-lethal weapon 
     in a foreign country whenever necessary to participate in the 
     program.
       ``(g) Authority To Use Force.--Notwithstanding section 
     44903(d), the Under Secretary shall prescribe the standards 
     and circumstances under which a Federal cockpit officer may 
     use, while the program under this section is in effect, force 
     against an individual in the defense of the flight deck of an 
     aircraft in air transportation or intrastate air 
     transportation.
       ``(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 a Federal cockpit officer's use of 
     or failure to use a non-lethal weapon.
       ``(2) Liability of federal cockpit officers.--A Federal 
     cockpit 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 the flight deck of 
     an aircraft against acts of criminal violence or air piracy 
     unless the officer is guilty of gross negligence or willful 
     misconduct.
       ``(3) Liability of federal government.--For purposes of an 
     action against the United States with respect to an act or 
     omission of a Federal cockpit officer, the officer shall be 
     treated as an employee of the Federal Government.
       ``(i) Duration of Program.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, the pilot program established under this section 
     shall be in effect for a period of 2 years beginning on the 
     date that the 250th pilot is deputized as a Federal cockpit 
     officer under this section.
       ``(2) Risk-benefit determination decision.--Before the last 
     day of such 2-year period, the Under Secretary shall 
     determine whether the security benefits of the Federal 
     cockpit officer pilot program outweigh the risks of the 
     program.
       ``(3) Termination of pilot program.--If the Under Secretary 
     determines under paragraph (2) that the risks outweigh the 
     benefits, the Under Secretary shall publish a notice in the 
     Federal Register terminating the pilot program and explaining 
     the reasons for the decision to terminate and shall provide 
     adequate notice of the decision to Federal cockpit officers 
     and other individuals as necessary.
       ``(4) Continuation of program.--
       ``(A) In general.--If the Under Secretary determines under 
     paragraph (2) that the benefits outweigh the risks, the Under 
     Secretary shall publish a notice in the Federal Register 
     announcing the continuation of the program, shall continue 
     the program in accordance with this section, and may increase 
     the number of Federal cockpit officers participating in the 
     program.
       ``(B) Notice of proposed rulemaking.--Not later than 60 
     days after the date of publication of a notice continuing the 
     program, the Under Secretary shall issue a notice of proposed 
     rulemaking to provide for continuation of the program. In 
     conducting the proposed rulemaking, the Under Secretary shall 
     readdress each of the issues to be addressed under subsection 
     (b)(3) and, in addition, shall address the following issues:
       ``(i) The use of various technologies by Federal cockpit 
     officers, including smart gun technologies and nonlethal 
     weapons.
       ``(ii) The necessity of hardening critical avionics, 
     electrical systems, and other vulnerable equipment on 
     aircraft.
       ``(iii) The standards and circumstances under which a 
     Federal cockpit officer may use force against an individual 
     in defense of the flight deck of an aircraft.
       ``(5) Reevaluation.--Not later than 3 years after the date 
     of publication of a notice continuing the program, the Under 
     Secretary shall reevaluate the program and shall report to 
     Congress on whether, in light of additional security measures 
     that have been implemented (such as reinforced doors and 
     universal employee biometric identification), the program is 
     still necessary and should be continued or terminated.
       ``(j) Applicability.--
       ``(1) Exemption.--This section shall not apply to air 
     carriers operating under part 135 of title 14, Code of 
     Federal Regulations, and to pilots employed by such carriers 
     to the extent that such carriers and pilots are covered by 
     section 135.119 of such title or any successor to such 
     section.
       ``(2) Pilot defined.--The term `pilot' means an individual 
     who has final authority and responsibility for the operation 
     and safety of the flight or, if more than 1 pilot is required 
     for the operation of the aircraft or by the regulations under 
     which the flight is being conducted, the individual 
     designated as second in command.''.
       Page 14, insert before line 23, the following:
``44921.  Federal cockpit officer program.''.

                               H.R. 4635

                       Offered By: Mrs. Tauscher

       Amendment No. 14: Page 5, line 5, before ``between'' insert 
     ``at airports''.
       Page 10, after line 18 insert the following:
       ``(g) Storage of Firearms.--The Under Secretary shall 
     require that firearms carried by Federal flight deck officers 
     in the program be stored in airports between flights and 
     shall determine and designate the most secure locations for 
     the storage of such firearms.''.

[[Page H4429]]

       Redesignate subsequent subsections accordingly.

                               H.R. 4635

                       Offered By: Mrs. Tauscher

       Amendment No. 15: Page 6, after line 6, insert the 
     following:
       ``(7) Suspension of program.--If the Under Secretary 
     determines as a result of an analysis under paragraph (3)(E) 
     that there is a significant risk of the catastrophic failure 
     of an aircraft from the discharge of a firearm, the Under 
     Secretary may suspend the program until such actions as may 
     be necessary to minimize such risk are taken.''.

                               H.R. 4635

                       Offered By: Mrs. Tauscher

       Amendment No. 16: Page 11, strike line 1 and all that 
     follows through ``officers.--'' on lines 7 and 8.
       Page 11, strike lines 15 through 19.

                               H.R. 4635

                       Offered By: Mrs. Tauscher

       Amendment No. 17: Page 12, line 15, after the period insert 
     the following: ``If an accidental discharge of a firearm 
     under the pilot program results in injury or death of a 
     passenger or crew member of a flight, the Under Secretary may 
     terminate the pilot program by publishing in the Federal 
     Register a notice of such termination and providing adequate 
     notice of the decision to terminate to Federal flight deck 
     officers and other individuals as necessary.''.

                               H.R. 4635

                         Offered By: Mr. Thune

       Amendment No. 18: Page 8, line 8, strike ``may'' and insert 
     ``shall''.
       Page 8, line 10, strike ``a'' and insert ``any''.
       Page 9, strike lines 3 through 9.
       Page 9, line 10, strike ``(5)'' and insert ``(4)''.

                               H.R. 4635

                         Offered By: Mr. Towns

       Amendment No. 19: Page 4, line 12, after the period, insert 
     the following: ``The analysis shall include an assessment of 
     the potential risks of an accidental or intentional discharge 
     of a firearm by a licensed Federal flight deck officer on an 
     aircraft.''.
       Page 14, line 4, after the period, insert the following: 
     ``The report shall include a description of any incidence 
     involving the accidental or intentional discharge of a 
     firearm by a Federal flight deck officer on an aircraft.''.