99–006

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: 

‘‘§ 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. 

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‘‘(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. 

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‘‘(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. 

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‘‘(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: 

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‘‘(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). 

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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 

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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; 

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(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. 

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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. 

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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: 

11

(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 

12

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. 

13

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 

14

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. 

15

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.

* * * * * * *

16

SUBCHAPTER I—REQUIREMENTS 

* * * * * * *

§ 44903. Air transportation security 

(a) * * *

* * * * * * *

ø(h)¿ (i) AUTHORITY TO ARM FLIGHT DECK CREW WITH LESS- THAN-LETHAL WEAPONS.— (1) * * *

* * * * * * *

ø(i)¿ (j) SHORT-TERM ASSESSMENT AND DEPLOYMENT OF EMERG- ING SECURITY TECHNOLOGIES AND PROCEDURES.— (1) * * *

* * * * * * *

ø(h)¿ (k) LIMITATION ON LIABILITY FOR ACTS TO THWART CRIMI- NAL 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. 

* * * * * * *

§ 44918. Crew training 

(a) * * *

* * * * * * *

(e) UPDATES.—øThe 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); 

17

(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. 

* * * * * * *

§ 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. 

18

(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 

19

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. 

20

(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 

21

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 

22

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 

øSEC. 128. FLIGHT DECK SECURITY. 

øThe 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—

ø(1) the Under Secretary of Transportation for Security approves; 

ø(2) the air carrier approves; 

ø(3) the firearm is approved by the Under Secretary; and 

ø(4) the pilot has received proper training for the use of the 

firearm, as determined by the Under Secretary.¿

Æ