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[House Report 107-555]
[From the U.S. Government Publishing Office]

107th Congress                                            Rept. 107-555
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================

 
                  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.]

                                  
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