[House Report 107-555]
[From the U.S. Government Publishing Office]
107th Congress Rept. 107-555
HOUSE OF REPRESENTATIVES
2d Session Part 1
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ARMING PILOTS AGAINST TERRORISM ACT
_______
July 8, 2002.--Ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 4635]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 4635) to amend title 49, United
States Code, to establish a program for Federal flight deck
officers, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.--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 flight
deck 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 flight deck 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 firearm to be used by a Federal
flight deck officer.
``(B) The type of ammunition to be used by a Federal
flight deck officer.
``(C) The standards and training needed to qualify
and requalify as a Federal flight deck officer.
``(D) The placement of the firearm of a Federal
flight deck officer on board the aircraft to ensure
both its security and its ease of retrieval in an
emergency.
``(E) Analyze the risk of catastrophic failure of an
aircraft as a result of the discharge of a firearm to
be used in the program into the avionics, electrical
systems, or other sensitive areas of the aircraft.
``(F) 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 flight deck
officer and if both pilots are Federal flight deck
officers.
``(G) Procedures for ensuring that the firearm of a
Federal flight deck 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.
``(H) Interaction between a Federal flight deck
officer and a Federal air marshal on board the
aircraft.
``(I) The process for selection of pilots to
participate in the program based on their fitness to
participate in the program.
``(J) Storage and transportation of firearms between
flights, including international flights, to ensure the
security of the firearms.
``(K) Methods for ensuring that security personnel
will be able to identify whether a pilot is authorized
to carry a firearm under the program.
``(L) Methods for ensuring that pilots (including
Federal flight deck officers) will be able to identify
whether a passenger is a law enforcement officer who is
authorized to carry a firearm aboard the aircraft.
``(M) 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 flight deck officer under this section at no
expense to the pilot or the air carrier employing the pilot.
``(2) Training.--
``(A) In general.--The Under Secretary shall base the
requirements for the training of Federal flight deck
officers under subsection (b) on the training standards
applicable to Federal air marshals; except that the
Under Secretary shall take into account the differing
roles and responsibilities of Federal flight deck
officers and Federal air marshals.
``(B) Elements.--The training of a Federal flight
deck officer shall include, at a minimum, the following
elements:
``(i) Training to ensure that the officer
achieves the level of proficiency with a
firearm required under subparagraph (C)(i).
``(ii) Training to ensure that the officer
maintains exclusive control over the officer's
firearm 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 firearm and when it is appropriate to
use less than lethal force.
``(C) Training in use of firearms.--
``(i) Standard.--In order to be deputized as
a Federal flight deck officer, a pilot must
achieve a level of proficiency with a firearm
that is required by the Under Secretary. Such
level shall be comparable to the level of
proficiency required of Federal air marshals.
``(ii) Conduct of training.--The training of
a Federal flight deck officer in the use of a
firearm may be conducted by the Under Secretary
or by a firearms training facility approved by
the Under Secretary.
``(iii) Requalification.--The Under Secretary
shall require a Federal flight deck officer to
requalify to carry a firearm 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 flight deck 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
flight deck 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 flight deck 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 flight deck
officers may not exceed 2 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 flight deck 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 flight deck 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 firearms under
the program.
``(f) Authority To Carry Firearms.--
``(1) In general.--The Under Secretary shall authorize, while
the program under this section is in effect, a Federal flight
deck officer to carry a firearm while engaged in providing air
transportation or intrastate air transportation.
Notwithstanding subsection (c)(1), the officer may purchase a
firearm and carry that firearm aboard an aircraft of which the
officer is the pilot in accordance with this section if the
firearm is of a type that may be used under the program.
``(2) Preemption.--Notwithstanding any other provision of
Federal or State law, a Federal flight deck officer, whenever
necessary to participate in the program, may carry a firearm in
any State and from one State to another State.
``(3) Carrying firearms 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 flight deck officer may carry a firearm 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 flight deck officer may use, while the program under
this section is in effect, force (including lethal 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 flight deck officer's use of or
failure to use a firearm.
``(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 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 flight deck 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 flight deck
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 flight deck
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 flight deck 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
flight deck 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 flight deck 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 flight deck officer may use
force (including lethal 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.''.
(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) Flight deck security.--Section 128 of the Aviation and
Transportation Security Act (Public Law 107-71) is repealed.
(c) Federal Air Marshal Program.--
(1) Sense of congress.--It is the sense of Congress that the
Federal air marshal program is critical to aviation security.
(2) Limitation on statutory construction.--Nothing in this
Act, including any amendment made by this Act, shall be
construed as preventing the Under Secretary of Transportation
for Security from implementing and training Federal air
marshals.
SEC. 3. CREW TRAINING.
Section 44918(e) of title 49, United States Code, is amended--
(1) by striking ``The Administrator'' and inserting the
following:
``(1) In general.--The Under Secretary'';
(2) by adding at the end the following:
``(2) Additional requirements.--In updating the training
guidance, the Under Secretary, in consultation with the
Administrator, shall issue a rule to--
``(A) require both classroom and hands-on situational
training in the following elements of self defense:
``(i) recognizing suspicious activities and
determining the seriousness of an occurrence;
``(ii) deterring a passenger who might
present a problem;
``(iii) crew communication and coordination;
``(iv) the proper commands to give to
passengers and attackers;
``(v) methods to restrain an attacker;
``(vi) use of available items aboard the
aircraft for self-defense;
``(vii) appropriate responses to defend
oneself, including the use of force against an
attacker;
``(viii) use of protective devices assigned
to crew members (to the extent such devices are
approved by the Administrator or Under
Secretary);
``(ix) the psychology of terrorists to cope
with their behavior and passenger responses to
that behavior;
``(x) how to respond to aircraft maneuvers
that may be authorized to defend against an act
of criminal violence or air piracy;
``(B) require training in the proper conduct of a
cabin search;
``(C) establish the required number of hours of
training and the qualifications for the training
instructors;
``(D) establish the intervals, amount, and elements
of recurrent training;
``(E) ensure that air carriers provide the initial
training required by this paragraph within 24 months of
the date of enactment of this subparagraph; and
``(F) ensure that no person is required to
participate in any hands-on training activity that that
person believes will have an adverse impact on his or
her health or safety.
``(3) Responsibility of under secretary.--In developing the
rule under paragraph (2), the Under Secretary shall consult
with law enforcement personnel and security experts who have
expertise in self-defense training, terrorism experts, and
representatives of air carriers, employees of air carriers, and
educational institutions offering law enforcement training
programs.''; and
(3) by aligning the remainder of the text of paragraph (1)
(as designated by paragraph (1) of this section) with
paragraphs (2) and (3) (as added by paragraph (2) of this
section).
SEC. 4. COMMERCIAL AIRLINE SECURITY STUDY.
(a) Study.--The Secretary of Transportation shall conduct a study of
the following:
(1) The number of armed Federal law enforcement officers
(other than Federal air marshals), who travel on commercial
airliners annually and the frequency of their travel.
(2) The cost and resources necessary to provide such officers
with supplemental training in aircraft anti-terrorism training
that is comparable to the training that Federal air marshals
are provided.
(3) The cost of establishing a program at a Federal law
enforcement training center for the purpose of providing new
Federal law enforcement recruits with standardized training
comparable to the training that Federal air marshals are
provided.
(4) The feasibility of implementing a certification program
designed for the purpose of ensuring Federal law enforcement
officers have completed the training described in paragraph (2)
and track their travel over a 6-month period.
(5) The feasibility of staggering the flights of such
officers to ensure the maximum amount of flights have a
certified trained Federal officer on board.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary shall transmit to Congress a report on the
results of the study. The report may be submitted in classified and
redacted form.
SEC. 5. TECHNICAL AMENDMENTS.
Section 44903 of title 49, United States Code, is amended--
(1) by redesignating subsection (i) (relating to short-term
assessment and deployment of emerging security technologies and
procedures) as subsection (j);
(2) by redesignating the second subsection (h) (relating to
authority to arm flight deck crew with less-than-lethal
weapons) as subsection (i); and
(3) by redesignating the third subsection (h) (relating to
limitation on liability for acts to thwart criminal violence
for aircraft piracy) as subsection (k).
Purpose of the Legislation
The reported bill (H.R. 4635) directs the Transportation
Security Administration (TSA) to deputize up to 2% of the
airline pilots for a 2-year test period. Deputized pilots would
be allowed to carry firearms aboard the aircraft to defend the
cockpit from hijackers.
Background and Need for the Legislation
The United States of America faces a new and changing
threat unlike any we have faced before--the threat of global
terrorism. This threat will exist for a long time, and every
action must be taken to protect America against those that
would seek to kill the innocent.
Since September 11, 2001, the Federal government has taken
significant actions to improve aviation security. The Nation is
stronger and better prepared today than it was on September 11.
However, our aviation system is still in a vulnerable stage of
transition. More must be done to prepare for the unknown
threats of tomorrow from an often-invisible enemy, an enemy
that appears to be preparing and training for additional
terrorists attacks, and an enemy that seeks to obtain the most
dangerous and deadly weapons to use against America.
There is strong evidence to suggest that more terrorist
cells have been trained to take over commercial aircraft. In
the event of another terrorist hijacking, the Department of
Defense will be forced to make the difficult decision to shoot
down a plane carrying innocent passengers to prevent that plane
from being used as a weapon. Under these circumstances,
Congress must act to provide one last layer of defense.
Arming trained and qualified pilots on a voluntary basis to
carry firearms to defend the cockpits of their aircraft is a
necessary step to ensure the safety and security of the flying
public. Nothing else can provide the deterrence or
effectiveness of a weapon wielded by a highly trained
individual.
Pilots are already entrusted with the lives of every
passenger on the plane. A significant number of pilots have a
law enforcement or military background and have some experience
with firearms. They are nearly unanimous in their support for
the ability to defend themselves, their passengers and their
plane.
The Committee is aware that some people believe that the
additional screening of passengers and other security
improvements made since September 11th should be enough.
However, the DOT Inspector General continues to find that
weapons are getting through security in alarming numbers.
Cockpit doors will not be fortified until 2003 and even then
will not be impregnable. Air Marshals, while a significant
deterrent, cannot be on every aircraft at all times.
Our aviation safety system is based on redundancy. When all
else fails, the U.S. needs a last line of defense. Providing
pilots with firearms is a significant deterrent and gives
additional assurance that the hijackers can no longer succeed.
Concerns have been raised that bullet holes could cause a
rapid decompression of the aircraft. However, Boeing has
testified and other tragic incidents confirm that an aircraft
can sustain significant damage and continue to fly safely.
Nonetheless, the reported bill requires the TSA to conduct
tests to assess the risks to an aircraft of firing weapons into
sensitive areas.
In addition, while a pilot's first priority should be to
fly the aircraft, it will be very difficult for an unarmed
pilot to concentrate on flying when an armed hijacker is
breaking down the cockpit door. Giving pilots a means to defend
themselves in an emergency will allow them to concentrate on
flying and ensure the safety of the flight.
H.R. 4635, the Arming Pilots Against Terrorism Act, will
create a two-year test program to allow pilots, on a voluntary
basis, to carry firearms to defend the cockpits of their
aircraft. The program will allow up to 2 percent of active
pilots to volunteer to be deputized as Federal law enforcement
officers. Participants will undergo extensive firearms training
similar to that of the Federal Air Marshals. They will be
authorized to use deadly force only as a last option to protect
the cockpits of their aircraft against immediate threats of
violence or air piracy. Deputized pilots would be allowed to
carry firearms in the cockpit regardless of the position of the
airline that employs them on this issue.
Summary of the Legislation
Section 1 is the short title.
Section 2 adds a new section 44921 to Title 49 of the U.S.
Code to create the Federal Flight Deck Officer Program to
defend the cockpit of commercial passenger and cargo aircraft
providing air transportation. Under the definition in 49 U.S.C.
section 40102(a)(5), air transportation includes interstate air
transportation and foreign air transportation.
Subsection (a) of section 44921 establishes the program.
Subsection (b) sets forth the procedural requirements for
the program.
Paragraph (1) states that the Transportation Security
Administration (TSA) shall establish the procedural
requirements within 2 months of the date of enactment.
Paragraph (2) requires the TSA to begin the process of
selecting, training, and deputizing pilots as Federal flight
deck officers within 2 months of the date of enactment unless
the procedural requirements have not been established within 2
months. In that case, the TSA must begin the process when the
procedures are established but not later than 4 months. While
this is a tight deadline, the Committee notes that the TSA has
a good record for meeting its deadlines thus far and expects
the procedural requirements to be established in time as well,
especially since many of the requirements could be the same as
those already being used for Federal Air Marshals (FAMs).
However, delays in establishing these procedures cannot be used
as an excuse to hold up implementation of this program.
Paragraph (3) set forth the issues that TSA must address in
establishing the procedural requirements. These are--
(A) The type of firearm to be used;
(B) The type of ammunition to be used;
(C) The standards and training needed to qualify for
the program;
(D) Where the firearm should be placed in the
aircraft to ensure that it does not fall into the wrong
hands but can be easily retrieved in the event of an
emergency;
(E) The risks to the aircraft from shooting the
firearm into sensitive areas of the aircraft;
(F) The division of responsibility between pilots in
the event of a hijacking when only 1 pilot is armed and
when both are armed;
(G) Procedures for ensuring that the firearm does not
leave the cockpit if the pilot does;
(H) How an armed pilot and a Federal Air Marshal
should interact;
(I) The process for determining the fitness of the
pilot to participate in the program which may include,
if the TSA considers it necessary, psychological
testing or background checks in addition to the
background checks that a person is already subject to
in order to become a pilot (It should be noted that the
bill as originally introduced contained a clause
stating that the pilot should be ``the subject of an
employment investigation (including a criminal history
record check) under section 44936(a)(1).'' However,
pilots must submit to an employment investigation under
section 44936(a)(1) by virtue of being employed by an
air carrier or having access to secured areas of an
airport. Therefore, the clause is absent from the
reported bill because it would be redundant. Its
absence should not be construed as an exemption for
Flight Deck Officers from a background check nor would
it prevent the TSA from requiring a pilot to undergo an
additional check before being deputized.);
(J) How the firearm should be stored and transported
between flights, including international flights, to
ensure the security of the weapon;
(K) Methods to ensure that security personnel are
able to identify a pilot authorized to carry a firearm
under this program;
(L) Methods to ensure that pilots will be able to
know when a passenger who are law enforcement officers
authorized to carry a firearm aboard the aircraft.
Pilots have expressed concern that current ID's can be
easily forged.
Paragraph (4) directs TSA to give preference to former
military and law enforcement personnel in deciding which pilots
to select for this program.
Paragraph (5) states that information on the aircraft's
vulnerabilities developed under subparagraph (E) above should
not be disclosed.
Paragraph (6) states that TSA must notify the Congressional
Committees of jurisdiction when it completes the analysis of
aircraft vulnerabilities under subparagraph (E).
Subsection (c) establishes the training, supervision, and
equipment for the program.
Paragraph (1) requires TSA to provide the training,
supervision, and equipment for the program at no cost to the
pilot or the pilot's airline. Exceptions are contained in
(2)(C)(ii) and (f)(1) below in the event that TSA lacks the
resources to provide certain training and firearms.
Paragraph (2) sets forth the training requirements.
Subparagraph (A) states that the training requirements
shall be based on the training requirements for Federal Air
Marshals but that TSA may modify them in light of the different
role and responsibilities of an armed pilot and an armed air
marshal.
Subparagraph (B) sets forth the specific elements of the
training, as follows:
(i) Training to ensure that the pilot achieves the
level of proficiency with a firearm required under
subparagraph (C) below;
(ii) Training to ensure that the pilot maintains
exclusive control of the firearm, including training in
ways to defend against an attacker trying to seize the
firearm;
(iii) Training to assist the pilot in determining
when it is appropriate to shoot and when it is
appropriate to use less than lethal force.
Subparagraph (C) sets forth the training requirements for
the use of firearms. Under these requirements--
(i) The pilot must achieve a level of proficiency
with a firearm comparable to that required of Federal
Air Marshals, as determined by TSA;
(ii) The training may be conducted by TSA or by a
firearms training facility approved by TSA. This may be
at the pilot's own expense if TSA resources are
inadequate.
(iii) The pilot must requalify with the firearm
quarterly for the duration of the 2-year pilot program.
If the Under Secretary decides to extend or expand the
program permanently, TSA may establish a different time
interval.
Subsection (d) addresses the deputization of the pilots.
Paragraph (1) allows the TSA to deputize pilots as Federal
Flight Deck Officers who volunteer for the program and who are
qualified.
Paragraph (2) states that a pilot is qualified if--
(A) the pilot is employed by an airline;
(B) the pilot meets the standards established by TSA;
(C) TSA determines the pilot has completed the
required training.
Paragraph (3) allows TSA to request another agency, such as
the Justice Department or the U.S. Marshals Service, to
actually deputize the pilots that TSA determines are qualified.
Paragraph (4) limits the number of pilots who can be
deputized under the program established by this bill to 2% of
the pilot workforce.
Paragraph (5) authorizes TSA to revoke a pilot's ability to
be armed under this program if TSA finds that the pilot is not
qualified.
Subsection (e) makes clear that Federal flight deck
officers are not eligible for compensation from the Federal
government for being such officers and neither the government
nor the pilot's airline are obligated to pay that pilot for the
time spent training for the program. However, this subsection
does not prevent an airline from compensating its Federal
flight deck officers.
Subsection (f) addresses the authority to carry firearms.
Paragraph (1) directs TSA to authorize Federal flight deck
officers to carry firearms. It also allows the Federal flight
deck officer to purchase and carry his or her own firearm if
the firearm is the type allowed under this program.
Paragraph (2) preempts Federal or State laws that would
otherwise prevent a Federal flight deck officer from carrying a
firearm to participate in this program including the carriage
of the firearm outside the airport between duty times.
Paragraph (3) allows the TSA to enter into MOU's or take
other action to ensure that Federal flight deck officers can
carry firearms on flights into foreign countries and outside
the airport between duty times.
Subsection (g) directs TSA to set the standards and
circumstances under which a Federal flight deck officer may use
lethal force. In prescribing a use of force standard the
committee recommends that TSA draw guidance from existing
federal use of force protocols.
Subsection (h) sets forth the limitations on liability.
Paragraph (1) exempts airlines from liability for a Federal
flight deck officer's use or failure to use a firearm since the
airline has no role under the reported bill in deciding whether
its pilots will be allowed to carry firearms.
Paragraph (2) exempts Federal flight deck officers from
liability for injuries that may result from their use of a
firearm in defending the cockpit of their aircraft from a
hijacking unless the pilot is guilty of gross negligence or
willful misconduct. No special liability protection is afforded
flight attendants since they are already covered by section 144
of the Aviation and Transportation Security Act, P.L. 107-71,
115 Stat. 644, 49 U.S.C. 44903.
Paragraph (3) states that in actions against the United
States, the Federal flight deck officer shall be treated as a
Federal employee.
Subsection (i) addresses the duration of the program.
Paragraph (1) limits the duration of the program to 2
years. To ensure that there are enough pilots in the program to
have a valid test, the 2-year period does not begin to run
until the 250th pilot has been deputized. However, the first
249 pilots who are deputized could fly armed as long as the
required procedures are in place. They would not have to wait
until the 250th pilot is deputized before having access to
firearms in the cockpit as authorized by TSA.
Paragraph (2) requires TSA to evaluate the program before
the end of the 2-year period.
Paragraph (3) authorizes TSA to terminate the program at
the end of the 2-year period if it finds that the risks of the
program outweigh the benefits. If the program is terminated,
TSA must give Federal flight deck officers, and other
individuals as necessary, enough notice so that they can return
to their bases and remove their firearms from the cockpit.
Paragraph (4) governs the continuation of the program.
Subparagraph (A) states that if TSA decides to continue the
program, it shall publish a notice in the Federal Register and
may deputize more pilots in addition to any pilots previously
deputized.
Subparagraph (B) requires TSA to issue a notice of proposed
rulemaking (NPRM) 60 days after publication of the notice
continuing the program. The NPRM shall propose rules under
which the program will be operated. These rules should address
the issues listed in (b)(3) above as well as the following:
(i) The use of other types of weapons such as
``smart'' firearms and nonlethal weapons;
(ii) Whether the sensitive areas of the aircraft
should be hardened to protect them from a stray bullet;
(iii) When and how a Federal flight deck officer can
use force (including lethal force) against an
individual in defense of the flight deck.
Paragraph (5) directs TSA to reevaluate the program after 3
years, if it has determined to continue the program, and report
to Congress on whether it should be continued or terminated.
Congress could then decide, based on that report, whether to
continue it or terminate it.
Subsection (j) exempts from the coverage of the reported
bill those small carriers, and their pilots, governed by part
135 of the FAA's rules to the extent they are already
authorized to fly armed under FAA rules. This subsection also
defines the term ``pilot'' and makes clear that it includes
both those commonly known as the pilot and the co-pilot.
Subsection (b) of the reported bill repeals the section in
existing law that previously governed whether a pilot could be
armed.
Subsection (c) is a sense of the Congress that the training
of Federal flight deck officers should not prevent the TSA from
training its Federal Air Marshals.
Section 3 strengthens the flight attendant training
program. It requires that flight attendants receive training in
self-defense. It would not be sufficient for this training to
merely involve the showing of a video. Rather, the provision
contemplates hands-on training. A flight attendant would not
have to participate in the physical aspects of the training if
that flight attendant believes it would have an adverse impact
on his or her health or safety. The section sets forth the
elements of the training and requires the TSA to establish, by
rule, the qualifications for the training instructors, the
required number of hours for that training, and the intervals,
amount, and elements of recurrent training. In formulating the
rule, TSA should consult with self-defense experts, airlines,
flight attendants, and educational institutions, such as
community colleges, that offer law enforcement training
programs. These may be appropriate resources for TSA to
determine the appropriate number of hours for these training
programs.
Section 4 requires a study of Federal law enforcement
officers, other than Federal air marshals, who are carrying
weapons while on board commercial aircraft. The study would
determine the number of such officers who are flying and
examine the cost and feasibility of establishing programs to
utilize them to supplement the air marshals and armed pilots. A
report is required in 6 months.
Section (5) makes technical corrections to section 44903 of
Title 49 to correct the problem of multiple subsection (h)'s in
that section.
Legislative History and Committee Consideration
H.R. 4635 was introduced by Congressman Don Young of Alaska
on May 1, 2002 and was referred to the Committee on
Transportation and Infrastructure. The Subcommittee on Aviation
held hearings on May 2, 2002 and approved the bill by voice
vote on June 19, 2002 after approving by voice vote an
amendment in the nature of a substitute offered by Subcommittee
Chairman John Mica. The Committee, after adopting several
amendments by voice vote, favorably reported the amended bill
by voice vote on June 26, 2002.
Rollcall Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each rollcall vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no rollcall votes on the reported bill.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objective of this legislation are to arm
2% of the pilots for a 2-year test period.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
4635 from the Director of the Congressional Budget Office.
U.S. Congress
Congressional Budget Office
Washington, DC, July 8, 2002.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4635, the Arming
Pilots Against Terrorism Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Rachel
Milberg.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
H.R. 4635--Arming Pilots Against Terrorism Act
Summary: H.R. 4635 would direct the Under Secretary of
Transportation for Security to establish a program for training
and equipping aviation pilots as federal flight deck officers.
The Under Secretary would authorize the officers to carry
firearms.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 4635 would cost about $47
million over the 2003-2007 period. Enacting H.R. 3609 would not
affect direct spending or receipts, so pay-as-you-go procedures
would not apply.
H.R. 4635 contains intergovernmental mandates as defined in
the Unfunded Mandates Reform Act (UMRA), but CBO estimates that
complying with the mandates would impose no costs on state,
local, or tribal governments. Therefore, the threshold
established by UMRA ($58 million in 2002, adjusted annually for
inflation) would not be exceeded.
H.R. 4635 also contains a private-sector mandate as defined
in UMRA. The bill would require air carriers to provide
additional training, including self-defense training, to their
crews. Because the new training requirements would depend on
specific regulations that would be established by the Under
Secretary, CBO cannot determine whether the direct cost to the
private sector would exceed the annual threshold specified in
UMRA ($115 million in 2002, adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4635 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By Fiscal Year, in Millions of Dollars--
----------------------------------------------------------------
2003 2004 2005 2006 2007
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated authorization level.................. 5 12 13 13 13
Estimated outlays.............................. 3 6 12 13 13
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
4635 will be enacted near the end of fiscal year 2002 and that
the necessary amounts will be appropriated for each year. The
estimated costs are based on information from the
Transportation Security Administration and the Air Line Pilots
Association.
H.R. 4635 would limit the authorized number of federal
flight deck officers to no more than 2 percent of all pilots
employed by air carriers. CBO estimates that more than 2
percent of pilots employed by air carriers would volunteer and
qualify to be an officer, thus we expect this provision would
limit participation in the program to about 1,400 pilots. We
estimate that the program would cost $8,000 annually for each
federal flight deck officer, including the cost of weapons,
ammunition, training, and travel. CBO estimates that it would
cost an additional $500,000 each year to maintain a staff of
about six people to manage the new program.
H.R. 4635 would require the Under Secretary to evaluate the
benefits and risks associated with the federal flight deck
officers, and decide whether or not the program should
continue. The Under Secretary would evaluate the program twice:
the first time would occur two years after the 250th officer
had been deputized, and the second time would occur three years
later. The bill would allow the Under Secretary to expand the
size of the program at that time. For this estimate, CBO
assumes the Under Secretary would decide to continue the
program at the same level (of about 1,400 pilots).
Under current law, the Under Secretary collects fees from
air carriers and air passengers to partly cover the cost of
transportation security programs. However, CBO does not expect
that implementing H.R. 4635 would change the amounts of fees
collected.
Pay-as-you-go considerations: None.
Estimated impact on state, local, and tribal governments:
H.R. 4635 would shield both air carriers and pilots
participating in the federal flight deck officer program from
liability for damages resulting from the pilot's defense of the
aircraft (with the some exceptions). Because the liability
provisions would limit the application of state law, the bill
contains an intergovernmental mandate as defined in UMRA.
However, the liability mandates would impose no duty on states
that would result in additional spending.
The bill would allow pilots participating in the federal
flight deck program to carry firearms into any state,
regardless of state firearm laws. This preemption of state
firearm law also is an intergovernmental mandate as defined in
UMRA. CBO estimates that this preemption would not affect state
budgets because, while it would limit the application of state
law towards the participating pilots, it would impose no duty
on states that would result in additional spending.
Because neither of these mandates, taken individually or
together, would result in additional costs, the threshold
established by UMRA ($58 million, in 2002, adjusted annually by
inflation) would not be exceeded.
Estimated impact on the private sector: H.R. 4635 contains
a private-sector mandate as defined in UMRA. The bill would
require air carriers to provide additional training, including
self-defense training, to their crews. According to industry
sources, 190,000 or more employees would have to be trained.
The cost of such training would depend on the length and
content of the programs. Because those elements of the new
training programs would depend on specific regulations that
would be established by the Under Secretary, CBO cannot
determine whether the direct cost to the private sector would
exceed the annual threshold specified in UMRA ($115 million in
2002, adjusted annually for inflation).
Estimate prepared by: Federal costs: Rachel Milberg; impact
on state, local, and tribal governments: Greg Waring; impact on
the private sector: Jean Talarico.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act. (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1994
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local or
tribal law. The Committee states that H.R. 4635 preempts state
law to the extent necessary to allow Federal flight deck
officers to carry firearms interstate and within a state and to
limit their liability for the use of that gun to defend the
cockpit of an aircraft.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act. (Public Law
104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
CHAPTER 449 OF TITLE 49, UNITED STATES CODE
CHAPTER 449--SECURITY
SUBCHAPTER I--REQUIREMENTS
Sec.
44901. Screening passengers and property.
* * * * * * *
44921. Federal flight deck officer program.
* * * * * * *
SUBCHAPTER I--REQUIREMENTS
* * * * * * *
Sec. 44903. Air transportation security
(a) * * *
* * * * * * *
[(h)] (i) Authority to Arm Flight Deck Crew With Less-Than-
Lethal Weapons.--
(1) * * *
* * * * * * *
[(i)] (j) Short-Term Assessment and Deployment of Emerging
Security Technologies and Procedures.--
(1) * * *
* * * * * * *
[(h)] (k) Limitation on Liability for Acts To Thwart Criminal
Violence or Aircraft Piracy.--An individual shall not be liable
for damages in any action brought in a Federal or State court
arising out of the acts of the individual in attempting to
thwart an act of criminal violence or piracy on an aircraft if
that individual reasonably believed that such an act of
criminal violence or piracy was occurring or was about to
occur.
* * * * * * *
Sec. 44918. Crew training
(a) * * *
* * * * * * *
(e) Updates.--[The Administrator]
(1) In general.--The Under Secretary shall update the
training guidance issued under subsection (a) from time
to time to reflect new or different security threats
and require air carriers to revise their programs
accordingly and provide additional training to their
flight and cabin crews.
(2) Additional requirements.--In updating the
training guidance, the Under Secretary, in consultation
with the Administrator, shall issue a rule to--
(A) require both classroom and hands-on
situational training in the following elements
of self defense:
(i) recognizing suspicious activities
and determining the seriousness of an
occurrence;
(ii) deterring a passenger who might
present a problem;
(iii) crew communication and
coordination;
(iv) the proper commands to give to
passengers and attackers;
(v) methods to restrain an attacker;
(vi) use of available items aboard
the aircraft for self-defense;
(vii) appropriate responses to defend
oneself, including the use of force
against an attacker;
(viii) use of protective devices
assigned to crew members (to the extent
such devices are approved by the
Administrator or Under Secretary);
(ix) the psychology of terrorists to
cope with their behavior and passenger
responses to that behavior;
(x) how to respond to aircraft
maneuvers that may be authorized to
defend against an act of criminal
violence or air piracy;
(B) require training in the proper conduct of
a cabin search;
(C) establish the required number of hours of
training and the qualifications for the
training instructors;
(D) establish the intervals, amount, and
elements of recurrent training;
(E) ensure that air carriers provide the
initial training required by this paragraph
within 24 months of the date of enactment of
this subparagraph; and
(F) ensure that no person is required to
participate in any hands-on training activity
that that person believes will have an adverse
impact on his or her health or safety.
(3) Responsibility of under secretary.--In developing
the rule under paragraph (2), the Under Secretary shall
consult with law enforcement personnel and security
experts who have expertise in self-defense training,
terrorism experts, and representatives of air carriers,
employees of air carriers, and educational institutions
offering law enforcement training programs.
* * * * * * *
Sec. 44921. Federal flight deck 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 flight deck 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 flight deck
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 firearm to be used by a
Federal flight deck officer.
(B) The type of ammunition to be used by a
Federal flight deck officer.
(C) The standards and training needed to
qualify and requalify as a Federal flight deck
officer.
(D) The placement of the firearm of a Federal
flight deck officer on board the aircraft to
ensure both its security and its ease of
retrieval in an emergency.
(E) Analyze the risk of catastrophic failure
of an aircraft as a result of the discharge of
a firearm to be used in the program into the
avionics, electrical systems, or other
sensitive areas of the aircraft.
(F) 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 flight deck officer and if both pilots
are Federal flight deck officers.
(G) Procedures for ensuring that the firearm
of a Federal flight deck 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.
(H) Interaction between a Federal flight deck
officer and a Federal air marshal on board the
aircraft.
(I) The process for selection of pilots to
participate in the program based on their
fitness to participate in the program.
(J) Storage and transportation of firearms
between flights, including international
flights, to ensure the security of the
firearms.
(K) Methods for ensuring that security
personnel will be able to identify whether a
pilot is authorized to carry a firearm under
the program.
(L) Methods for ensuring that pilots
(including Federal flight deck officers) will
be able to identify whether a passenger is a
law enforcement officer who is authorized to
carry a firearm aboard the aircraft.
(M) 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 flight deck officer under this
section at no expense to the pilot or the air carrier
employing the pilot.
(2) Training.--
(A) In general.--The Under Secretary shall
base the requirements for the training of
Federal flight deck officers under subsection
(b) on the training standards applicable to
Federal air marshals; except that the Under
Secretary shall take into account the differing
roles and responsibilities of Federal flight
deck officers and Federal air marshals.
(B) Elements.--The training of a Federal
flight deck officer shall include, at a
minimum, the following elements:
(i) Training to ensure that the
officer achieves the level of
proficiency with a firearm required
under subparagraph (C)(i).
(ii) Training to ensure that the
officer maintains exclusive control
over the officer's firearm 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 firearm and when
it is appropriate to use less than
lethal force.
(C) Training in use of firearms.--
(i) Standard.--In order to be
deputized as a Federal flight deck
officer, a pilot must achieve a level
of proficiency with a firearm that is
required by the Under Secretary. Such
level shall be comparable to the level
of proficiency required of Federal air
marshals.
(ii) Conduct of training.--The
training of a Federal flight deck
officer in the use of a firearm may be
conducted by the Under Secretary or by
a firearms training facility approved
by the Under Secretary.
(iii) Requalification.--The Under
Secretary shall require a Federal
flight deck officer to requalify to
carry a firearm 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 flight deck 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 flight deck 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 flight deck 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 flight deck officers may not exceed 2 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 flight deck
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 flight
deck 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 firearms under the program.
(f) Authority To Carry Firearms.--
(1) In general.--The Under Secretary shall authorize,
while the program under this section is in effect, a
Federal flight deck officer to carry a firearm while
engaged in providing air transportation or intrastate
air transportation. Notwithstanding subsection (c)(1),
the officer may purchase a firearm and carry that
firearm aboard an aircraft of which the officer is the
pilot in accordance with this section if the firearm is
of a type that may be used under the program.
(2) Preemption.--Notwithstanding any other provision
of Federal or State law, a Federal flight deck officer,
whenever necessary to participate in the program, may
carry a firearm in any State and from one State to
another State.
(3) Carrying firearms 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 flight deck officer may carry a
firearm 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 flight deck officer may
use, while the program under this section is in effect, force
(including lethal 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 flight
deck officer's use of or failure to use a firearm.
(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 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 flight deck 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 flight deck 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 flight deck 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 flight deck 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 flight deck 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 flight deck 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 flight deck
officer may use force (including lethal
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.
* * * * * * *
----------
SECTION 128 OF THE AVIATION AND TRANSPORTATION SECURITY ACT
[SEC. 128. FLIGHT DECK SECURITY.
[The pilot of a passenger aircraft operated by an air carrier
in air transportation or intrastate air transportation is
authorized to carry a firearm into the cockpit if--
[(1) the Under Secretary of Transportation for
Security approves;
[(2) the air carrier approves;
[(3) the firearm is approved by the Under Secretary;
and
[(4) the pilot has received proper training for the
use of the firearm, as determined by the Under
Secretary.]