(Sec. 2) Requires the Under Secretary to begin the process of training and deputizing qualified pilots to be Federal flight deck officers under the program. Allows the Under Secretary to request another Federal agency to deputize such officers.
Directs the Under Secretary to authorize flight deck officers to carry firearms and to use force, including lethal force, according to standards and circumstances the Under Secretary prescribes. Shields air carriers from liability for damages in Federal or State court arising out of a Federal flight deck officer's use of or failure to use a firearm. Shields flight deck officers from liability for acts or omissions in defending the flight deck of an aircraft against acts of criminal violence or air piracy, except in cases of gross negligence or willful misconduct.
Declares that if an accidental discharge of a firearm results in the injury or death of a passenger or crew member on the aircraft, the Under Secretary: (1) shall revoke the deputization of the responsible Federal flight deck officer if such discharge was attributable to the officer's negligence; and (2) may temporarily suspend the pilot program if the Under Secretary determines that a shortcoming in standards, training, or procedures was responsible for the accidental discharge.
Prohibits an air carrier from prohibiting or threatening any retaliatory action against a pilot for becoming a Federal flight deck officer.
Declares the sense of Congress that the Federal air marshal program is critical to aviation security, and that nothing in this Act shall be construed as preventing the Under Secretary from implementing and training Federal air marshals.
(Sec. 3) Directs the Under Secretary, in updating the guidance for training flight and cabin crews, to issue a rule to: (1) require both classroom and effective hands-on situational training in specified elements of self-defense; (2) require training in the proper conduct of a cabin search, including the duty time required to conduct it; (3) establish the required number of hours of training and the qualifications for training instructors; (4) establish the intervals, number of hours, and elements of recurrent training; and (5) ensure that air carriers provide the initial training within 24 months of the enactment of this Act. Directs the Under Secretary to designate an official in the Transportation Security Administration to be responsible for overseeing the implementation of the training program.
Amends the Aviation and Transportation Security Act to authorize the Under Secretary to take certain enhanced security measures, including to require that air carriers provide flight attendants with a discreet, hands-free, wireless method of communicating with the pilot of an aircraft.
Directs the Under Secretary to study and report to Congress on the benefits and risks of providing flight attendants with nonlethal weapons to aide in combating air piracy and criminal violence on commercial airlines.
(Sec. 4) Directs the Secretary of Transportation to study and report within six months to Congress on: (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 aircraft anti-terrorism training comparable to the training that Federal air marshals receive; (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 Federal air marshal training; (4) the feasibility of implementing a certification program designed to ensure Federal law enforcement officers have completed aircraft anti-terrorism training, and track their travel over a six-month period; and (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.
(Sec. 5) Amends Federal aviation law to require the Under Secretary to respond within 90 days of receiving a request from an air carrier for authorization to allow pilots of the air carrier to carry less-than-lethal weapons.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4635 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 4635
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
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to establish a program for
Federal flight deck officers, and for other purposes.
Be it enacted by the Senate and House of Representatives 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:
``Sec. 44921. Federal flight deck officer program
``(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Under Secretary of Transportation for
Security shall establish a program to deputize qualified volunteer
pilots of passenger aircraft as Federal law enforcement officers to
defend the flight decks of aircraft of air carriers engaged in air
transportation or intrastate air transportation against acts of
criminal violence or air piracy. Such officers shall be known as
`Federal flight deck officers'. The program shall be administered in
connection with the Federal air marshal program.
``(b) Qualified Pilot.--Under the program, a qualified pilot is a
pilot of an aircraft engaged in air transportation or intrastate air
transportation who--
``(1) is employed by an air carrier;
``(2) has demonstrated to the satisfaction of the Under
Secretary fitness to be a Federal flight deck officer under the
program; and
``(3) has been the subject of an employment investigation
(including a criminal history record check) under section
44936(a)(1).
``(c) Training, Supervision, and Equipment.--The Under Secretary
shall provide training, supervision, and equipment necessary for a
qualified pilot to be a Federal flight deck officer under this section
at no expense to the pilot or the air carrier employing the pilot.
``(d) Deputization.--
``(1) In general.--The Under Secretary shall deputize, as a
Federal flight deck officer under this section, any qualified
pilot who submits to the Under Secretary a request to be such
an officer.
``(2) Initial deputization.--Not later than 120 days after
the date of enactment this section, the Under Secretary shall
deputize not fewer than 500 qualified pilots who are former
military or law enforcement personnel as Federal flight deck
officers under this section.
``(3) Full implementation.--Not later than 24 months after
the date of enactment of this section, the Under Secretary
shall deputize any qualified pilot as a Federal flight deck
officer under this section.
``(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.
``(f) Authority To Carry Firearms.--The Under Secretary shall
authorize a Federal flight deck officer under this section to carry a
firearm while engaged in providing air transportation or intrastate air
transportation.
``(g) Authority To Use Force.--Notwithstanding section 44903(d), a
Federal flight deck officer may use force (including lethal force)
against an individual in the defense of an aircraft in air
transportation or intrastate air transportation if the officer
reasonably believes that the security of the aircraft is at risk.
``(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 the air carrier employing a pilot of
aircraft who is a Federal flight deck officer under this
section or out of the acts or omissions of the pilot in
defending an aircraft of the air carrier against acts of
criminal violence or air piracy.
``(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 an aircraft
against acts of criminal violence or air piracy unless the
officer is guilty of gross negligence or willful misconduct.
``(i) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Under Secretary, in consultation with the
Firearms Training Unit of the Federal Bureau of Investigation, shall
issue regulations to carry out this section.
``(j) Pilot Defined.--The term `pilot' means an individual
responsible for the operation of aircraft.''.
(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) Employment investigations.--Section 44936(a)(1)(B) is
amended--
(A) by aligning clause (iii) with clause (ii);
(B) by striking ``and'' at the end of clause (iii);
(C) by striking the period at the end of clause
(iv) and inserting ``; and''; and
(D) by adding at the end the following:
``(v) qualified pilots who are deputized as Federal flight
deck officers under section 44921.''.
(3) Flight deck security.--Section 128 of the Aviation and
Transportation Security Act (Public Law 107-71) is repealed.
<all>
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4635.
DEBATE - The Committee of the Whole proceeded with debate on the Mica amendment, as modified, under the five-minute rule.
DEBATE - The Committee of the Whole proceeded with debate on the DeFazio amendment under the five-minute rule.
POSTPONED PROCEEDINGS - At the conclusion of debate on the DeFazio amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Barton demanded a recorded vote pending the absence of a quorum and pursuant to the rule, the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - The Committee of the Whole proceeded with debate on the Hostettler amendment under the five-minute rule.
DEBATE - The Committee of the Whole proceeded with debate on the Hostettler amendment under the five-minute rule.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Hostettler amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Hostettler demanded a recorded vote pending the absence of a quorum and pursuant to the rule, the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - The Committee of the Whole proceeded with debate on the Hostettler amendment under the five-minute rule.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Hostettler amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Hostettler demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - The Committee of the Whole proceeded with debate on the Hostettler amendment under the five-minute rule.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4635.
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 310 - 113 (Roll no. 292).
Roll Call #292 (House)On passage Passed by the Yeas and Nays: 310 - 113 (Roll no. 292).
Roll Call #292 (House)Motion to reconsider laid on the table Agreed to without objection.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 4635.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 494.