IB
Union Calendar No. 334
107TH CONGRESS
2D SESSION
H. R. 4635
[Report No. 107–555, Part I]
To amend title 49, United States Code, to establish a program for Federal
flight deck officers, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 1, 2002
Mr. YOUNG of Alaska (for himself and Mr. MICA) introduced the following bill;
which was referred to the Committee on Transportation and Infrastructure
JULY 8, 2002
Additional sponsors: Mr. THUNE, Mr. BARR of Georgia, Mr. SCHAFFER, Mr.
JOHNSON of Illinois, Mr. LATOURETTE, Mr. SHUSTER, Mr. REHBERG,
Mr. SANDLIN, Mr. CULBERSON, Mr. TIAHRT, Mr. HAYES, Mr. BARTLETT
of Maryland, Mr. TANCREDO, Mr. MASCARA, Mr. KINGSTON, Mr. SMITH
of New Jersey, Mr. BUYER, Mr. ENGLISH, Mr. HALL of Texas, Mr.
BOOZMAN, Mr. STENHOLM, Mr. GOODE, Mr. BAKER, Mr. KERNS, Mr.
TIBERI, Mr. JEFF MILLER of Florida, Mr. CANTOR, Mr. BARTON of
Texas, Mr. HILLEARY, Mr. COOKSEY, Mr. HANSEN, Mr. WILSON of
South Carolina, Mr. KOLBE, Mrs. JO ANN DAVIS of Virginia, Mr. SES-
SIONS, Mrs. CUBIN, Mr. CALVERT, Mr. STUMP, Mr. MCINNIS, Mr. BRY-
ANT, Mr. PLATTS, Mr. LINDER, Mr. AKIN, Mr. CANNON, Mr.
CHAMBLISS, Mr. TAYLOR of Mississippi, Mr. PICKERING, Mr. HEFLEY,
Mr. TURNER, Mr. ROSS, Mr. UPTON, Mr. LUCAS of Kentucky, Mr.
STRICKLAND, Mr. BARCIA, and Mr. DOOLITTLE
JULY 8, 2002
Reported with an amendment and referred to the Committee on the Judiciary
for a period ending not later than July 9, 2002, for consideration of such
provisions of the bill and amendment as fall within the jurisdiction of
that committee pursuant to clause 1(k) of rule X
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[Strike out all after the enacting clause and insert the part printed in italic]
JULY 9, 2002
Committee on the Judiciary discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 1, 2002]
A BILL
To amend title 49, United States Code, to establish a pro-
gram for Federal flight deck officers, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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
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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 select-
ing, training, and deputizing pilots as Federal flight
deck officers under the program; except that, if the
procedures required under paragraph (1) are not es-
tablished before the last day of such 2-month period,
the Under Secretary shall not begin the process of se-
lecting, 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 proce-
dural requirements established under paragraph (1)
shall address the following issues:
‘‘(A) The type of firearm to be used by a
Federal flight deck officer.
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‘‘(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 of-
ficer.
‘‘(D) The placement of the firearm of a Fed-
eral 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 avi-
onics, 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 fire-
arm of a Federal flight deck officer does not leave
the cockpit if there is a disturbance in the pas-
senger cabin of the aircraft or if the pilot leaves
the cockpit for personal reasons.
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‘‘(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 pro-
gram.
‘‘(L) Methods for ensuring that pilots (in-
cluding Federal flight deck officers) will be able
to identify whether a passenger is a law enforce-
ment officer who is authorized to carry a firearm
aboard the aircraft.
‘‘(M) Any other issues that the Under Sec-
retary considers necessary.
‘‘(4) PREFERENCE.—In selecting pilots to par-
ticipate in the program, the Under Secretary shall
give preference to pilots who are former military or
law enforcement personnel.
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‘‘(B) ELEMENTS.—The training of a Fed-
eral flight deck officer shall include, at a min-
imum, the following elements:
‘‘(i) Training to ensure that the officer
achieves the level of proficiency with a fire-
arm 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 appro-
priate to use less than lethal force.
‘‘(C) TRAINING IN USE OF FIREARMS.—
‘‘(i) STANDARD.—In order to be depu-
tized as a Federal flight deck officer, a pilot
must achieve a level of proficiency with a
firearm that is required by the Under Sec-
retary. 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
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the Under Secretary or by a firearms train-
ing facility approved by the Under Sec-
retary.
‘‘(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 car-
rier;
‘‘(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.
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‘‘(3) DEPUTIZATION BY OTHER FEDERAL AGEN-
CIES.—The Under Secretary may request another
Federal agency to deputize, as Federal flight deck offi-
cers under this section, those pilots that the Under
Secretary determines are qualified to be such officers.
‘‘(4) MAXIMUM NUMBER.—The maximum num-
ber of pilots that may be deputized under the pilot
program as Federal flight deck officers may not ex-
ceed 2 percent of the total number of pilots that are
employed by air carriers engaged in air transpor-
tation or intrastate transportation on the date of en-
actment 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 pro-
gram under this section shall not be eligible for compensa-
tion 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.—
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‘‘(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 sub-
section (c)(1), the officer may purchase a firearm and
carry that firearm aboard an aircraft of which the of-
ficer is the pilot in accordance with this section if the
firearm is of a type that may be used under the pro-
gram.
‘‘(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
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is in effect, force (including lethal force) against an indi-
vidual 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 car-
rier 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 OFFI-
CERS.—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 mis-
conduct.
‘‘(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
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this section shall be in effect for a period of 2 years
beginning on the date that the 250th pilot is depu-
tized as a Federal flight deck officer under this sec-
tion.
‘‘(2) 
RISK-BENEFIT
DETERMINATION
DECI-
SION.—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 pro-
gram 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 termi-
nating the pilot program and explaining the reasons
for the decision to terminate and shall provide ade-
quate notice of the decision to Federal flight deck offi-
cers 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 an-
nouncing the continuation of the program, shall
continue the program in accordance with this
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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 publica-
tion 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 rule-
making, the Under Secretary shall readdress
each of the issues to be addressed under sub-
section (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 crit-
ical 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
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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 responsi-
bility 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 sec-
ond in command.’’.
(b) CONFORMING AMENDMENTS.—
(1) CHAPTER ANALYSIS.—The analysis for such
chapter is amended by inserting after the item relat-
ing to section 44920 the following:
‘‘44921.
Federal flight deck officer program.’’.
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(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
CONSTRUC-
TION.—Nothing in this Act, including any amend-
ment made by this Act, shall be construed as pre-
venting the Under Secretary of Transportation for Se-
curity 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 insert-
ing 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 con-
sultation with the Administrator, shall issue a rule
to—
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‘‘(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 oc-
currence;
‘‘(ii) deterring a passenger who might
present a problem;
‘‘(iii) crew communication and coordi-
nation;
‘‘(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 as-
signed 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 re-
sponses to that behavior;
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‘‘(x) how to respond to aircraft maneu-
vers 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 train-
ing 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 represent-
atives of air carriers, employees of air carriers, and
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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 enforce-
ment officers (other than Federal air marshals), who
travel on commercial airliners annually and the fre-
quency 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 Fed-
eral law enforcement training center for the purpose
of providing new Federal law enforcement recruits
with standardized training comparable to the train-
ing that Federal air marshals are provided.
(4) The feasibility of implementing a certifi-
cation program designed for the purpose of ensuring
Federal law enforcement officers have completed the
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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 se-
curity 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) (re-
lating to limitation on liability for acts to thwart
criminal violence for aircraft piracy) as subsection
(k).
Calendar No. 334
107TH CONGRESS
2D SESSION
H. R. 4635
[Report No. 107–555, Part I]
A BILL
To amend title 49, United States Code, to establish
a program for Federal flight deck officers, and
for other purposes.
JULY 9, 2002
Committee on the Judiciary discharged; committed to the
Committee of the Whole House on the State of the
Union and ordered to be printed