II
Calendar No. 494
107TH CONGRESS
2D SESSION
H. R. 4635
IN THE SENATE OF THE UNITED STATES
JULY 11 (legislative day, JULY 10), 2002
Received and read the first time
JULY 15, 2002
Read the second time and placed on the calendar
AN ACT
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,
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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 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 air-
craft 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 require-
ments to carry out the program under this section.
‘‘(2) COMMENCEMENT
OF
PROGRAM.—Begin-
ning 2 months after the date of enactment of this
section, the Under Secretary shall begin the process
of training and deputizing pilots who are qualified to
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be Federal flight deck officers as Federal flight deck
officers under the program.
‘‘(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.
‘‘(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 re-
trieval in an emergency.
‘‘(E) An analysis of the risk of cata-
strophic failure of an aircraft as a result of the
discharge (including an accidental 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
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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
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 fit-
ness to participate in the program, including
whether an additional background check should
be required beyond that required by section
44936(a)(1).
‘‘(J) Storage and transportation of fire-
arms between flights, including international
flights, to ensure the security of the firearms,
focusing particularly on whether such security
would be enhanced by requiring storage of the
firearm at the airport when the pilot leaves the
airport to remain overnight away from the pi-
lot’s base airport.
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‘‘(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 en-
forcement 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.
‘‘(5) 
CLASSIFIED
INFORMATION.—Notwith-
standing 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 Sec-
retary 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
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completing the analysis required by paragraph
(3)(E).
‘‘(7) MINIMIZATION
OF
RISK.—If the Under
Secretary determines as a result of the analysis
under paragraph (3)(E) that there is a significant
risk of the catastrophic failure of an aircraft as a re-
sult of the discharge of a firearm, the Under Sec-
retary shall take such actions as may be necessary
to minimize that risk.
‘‘(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 offi-
cer 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.
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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 offi-
cer achieves the level of proficiency with a
firearm 
required 
under 
subparagraph
(C)(i).
‘‘(ii) Training to ensure that the offi-
cer maintains exclusive control over the of-
ficer’s firearm at all times, including train-
ing 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 Secretary. Such level shall be com-
parable to the level of proficiency required
of Federal air marshals.
‘‘(ii) CONDUCT
OF
TRAINING.—The
training of a Federal flight deck officer in
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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 re-
quired 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 offi-
cer.
‘‘(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
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‘‘(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 OF-
FICERS.—A Federal flight deck officer shall not be
liable for damages in any action brought in a Fed-
eral or State court arising out of the acts or omis-
sions of the officer in defending the flight deck of an
aircraft against acts of criminal violence or air pi-
racy 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 em-
ployee of the Federal Government under chapter
171 of title 28, relating to tort claims procedure.
‘‘(i) PROCEDURES FOLLOWING ACCIDENTAL DIS-
CHARGES.—
‘‘(1) IN GENERAL.—If an accidental discharge
of a firearm under the pilot program results in the
injury or death of a passenger or crew member on
an aircraft, the Under Secretary—
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‘‘(A) shall revoke the deputization of the
Federal flight deck officer responsible for that
firearm if the Under Secretary determines that
the discharge was attributable to the negligence
of the officer; and
‘‘(B) if the Under Secretary determines
that a shortcoming in standards, training, or
procedures was responsible for the accidental
discharge, the Under Secretary may temporarily
suspend the program until the shortcoming is
corrected.
‘‘(2) AFFECT
OF
SUSPENSION.—A temporary
suspension of the pilot program under paragraph (1)
suspends the running of the 2-year period for the
pilot program until the suspension is terminated.
‘‘(j) LIMITATION
ON
AUTHORITY
OF
AIR
CAR-
RIERS.—No air carrier shall prohibit or threaten any
retalitory action against a pilot employed by the air carrier
from becoming a Federal flight deck officer under this sec-
tion. No air carrier shall—
‘‘(1) prohibit a Federal flight deck officer from
piloting an aircraft operated by the air carrier, or
‘‘(2) terminate the employment of a Federal
flight deck officer, solely on the basis of his or her
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volunteering for or participating in the program
under this section.
‘‘(k) 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 second 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.’’.
(2) FLIGHT DECK SECURITY.—Section 128 of
the Aviation and Transportation Security Act (Pub-
lic Law 107–71) is repealed.
(c) FEDERAL AIR MARSHAL PROGRAM.—
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(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
Security from implementing and training Federal air
marshals.
SEC. 3. CREW TRAINING.
(a) IN GENERAL.—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 updat-
ing the training guidance, the Under Secretary, in
consultation with the Administrator, shall issue a
rule to—
‘‘(A) require both classroom and effective
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 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 subdue and restrain
an attacker;
‘‘(vi) use of available items aboard the
aircraft for self-defense;
‘‘(vii) appropriate and effective re-
sponses 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 Adminis-
trator or Under Secretary);
‘‘(ix) the psychology of terrorists to
cope with their behavior and passenger re-
sponses to that behavior;
‘‘(x) how to respond to aircraft ma-
neuvers that may be authorized to defend
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against an act of criminal violence or air
piracy;
‘‘(B) require training in the proper con-
duct of a cabin search, including the duty time
required to conduct the search;
‘‘(C) establish the required number of
hours of training and the qualifications for the
training instructors;
‘‘(D) establish the intervals, number of
hours, and elements of recurrent training; and
‘‘(E) ensure that air carriers provide the
initial training required by this paragraph with-
in 24 months of the date of enactment of this
subparagraph.
‘‘(3) 
RESPONSIBILITY
OF
UNDER
SEC-
RETARY.—(A) CONSULTATION.—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,
the provider of self-defense training for Federal air
marshals, flight attendants, labor organizations rep-
resenting flight attendants, and educational institu-
tions offering law enforcement training programs.
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‘‘(B) DESIGNATION
OF
OFFICIAL.—The
Under Secretary shall designate an official in
the Transportation Security Administration to
be responsible for overseeing the implementa-
tion of the training program under this sub-
section.
‘‘(C) NECESSARY RESOURCES AND KNOWL-
EDGE.—The Under Secretary shall ensure that
employees of the Administration responsible for
monitoring the training program have the nec-
essary resources and knowledge.’’; 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).
(b) 
ENHANCE
SECURITY
MEASURES.—Section
109(a) of the Aviation and Transportation Security Act
(49 U.S.C. 114 note; 115 Stat. 613–614) is amended by
adding at the end the following:
‘‘(9) Require that air carriers provide flight at-
tendants with a discreet, hands-free, wireless method
of communicating with the pilots.’’.
(c) BENEFITS AND RISKS OF PROVIDING FLIGHT AT-
TENDANTS WITH NONLETHAL WEAPONS.—
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(1) STUDY.—The Under Secretary of Transpor-
tation for Security shall conduct a study to evaluate
the benefits and risks of providing flight attendants
with nonlethal weapons to aide in combating air pi-
racy and criminal violence on commercial airlines.
(2) REPORT.—Not later than 6 months after
the date of enactment of this Act, the Under Sec-
retary shall transmit to Congress a report on the re-
sults of the study.
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
Federal law enforcement training center for the pur-
pose of providing new Federal law enforcement re-
cruits with standardized training comparable to the
training that Federal air marshals are provided.
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(4) The feasibility of implementing a certifi-
cation 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. AUTHORITY TO ARM FLIGHT DECK CREW WITH
LESS-THAN-LETHAL WEAPONS.
(a) IN GENERAL.—Section 44903(i) of title 49,
United States Code (as redesignated by section 6 of this
Act) is amended by adding at the end the following:
‘‘(3) REQUEST OF AIR CARRIERS TO USE LESS-
THAN-LETHAL WEAPONS.—If, after the date of en-
actment of this paragraph, the Under Secretary re-
ceives a request from an air carrier for authorization
to allow pilots of the air carrier to carry less-than-
lethal weapons, the Under Secretary shall respond to
that request within 90 days.’’.
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(b) CONFORMING AMENDMENTS.—Such section is
further amended—
(1) in paragraph (1) by striking ‘‘Secretary’’
the first and third places it appears and inserting
‘‘Under Secretary’’; and
(2) in paragraph (2) by striking ‘‘Secretary’’
each place it appears and inserting ‘‘Under Sec-
retary’’.
SEC. 6. 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
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criminal violence for aircraft piracy) as subsection
(k).
Passed the House of Representatives July 10, 2002.
Attest:
JEFF TRANDAHL,
Clerk.
By MARTHA C. MORRISON,
Deputy Clerk.
Calendar No. 494
107TH CONGRESS
2D SESSION
H. R. 4635
AN ACT
To amend title 49, United States Code, to establish
a program for Federal flight deck officers, and
for other purposes.
JULY 15, 2002
Read the second time and placed on the calendar