[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2554 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2554
To amend title 49, United States Code, to establish a program for
Federal flight deck officers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 23, 2002
Mr. Smith of New Hampshire (for himself, Mr. Miller, Mr. Murkowski, Mr.
Burns, Mr. Bunning, and Mr. Thurmond) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
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 and
Cabin Defense Act of 2002''.
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 the Arming Pilots Against Terrorism and Cabin Defense Act
of 2002, the Under Secretary of Transportation for Security shall
establish a program to deputize qualified pilots of commercial cargo or
passenger aircraft who volunteer for the program as Federal law
enforcement officers to defend the flight decks of commercial 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 described in subsection
(a), 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 fitness to be a Federal flight deck
officer in accordance with regulations promulgated pursuant to
this title; 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 of
Transportation for Security shall provide or make arrangements for
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. The Under Secretary
may approve private training programs which meet the Under Secretary's
specifications and guidelines. Air carriers shall make accommodations
to facilitate the training of their pilots as Federal flight deck
officers and shall facilitate Federal flight deck officers in the
conduct of their duties under this program.
``(d) Deputization.--
``(1) In general.--The Under Secretary of Transportation
for Security shall train and 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 of 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 of
Transportation for Security shall authorize a Federal flight deck
officer under this section to carry a firearm to defend the flight deck
of a commercial passenger or cargo aircraft while engaged in providing
air transportation or intrastate air transportation. No air carrier may
prohibit a Federal flight deck officer from carrying a firearm in
accordance with the provisions of the Arming Pilots Against Terrorism
and Cabin Defense Act of 2002.
``(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 a commercial 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
an 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.
``(3) Employee status of federal flight deck officers.--A
Federal flight deck officer shall be considered an `employee of
the Government while acting within the scope of his office or
employment' with respect to any act or omission of the officer
in defending an aircraft against acts of criminal violence or
air piracy, for purposes of sections 1346(b), 2401(b), and 2671
through 2680 of title 28 United States Code.
``(i) Regulations.--Not later than 90 days after the date of
enactment of this section, the Under Secretary of Transportation for
Security, in consultation with the Firearms Training Unit of the
Federal Bureau of Investigation, shall issue regulations to carry out
this section.
``(j) Pilot Defined.--In this section, the term `pilot' means an
individual who is responsible for the operation of an aircraft, and
includes a co-pilot or other member of the flight deck crew.''.
(b) Conforming Amendments.--
(1) Chapter analysis.--The analysis for such chapter 449 is
amended by inserting after the item relating to section 44920
the following new item:
``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 (49 U.S.C. 44903 note) is repealed.
SEC. 3. CABIN SECURITY.
(a) Technical Amendments.--Section 44903, of title 49, United
States Code, is amended--
(1) by redesignating subsection (h) (relating to authority
to arm flight deck crew with less-than-lethal weapons, as added
by section 126(b) of public law 107-71) as subsection (j); and
(2) by redesignating subsection (h) (relating to limitation
on liability for acts to thwart criminal violence or aircraft
piracy, as added by section 144 of public law 107-71) as
subsection (k).
(b) Aviation Crewmember Self-Defense Division.--Section 44918 of
title 49, United States Code, is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) In General.--
``(1) Requirement for air carriers.--Not later than 60 days
after the date of enactment of the Arming Pilots Against
Terrorism and Cabin Defense Act of 2002, the Under Secretary of
Transportation for Security, shall prescribe detailed
requirements for an air carrier cabin crew training program,
and for the instructors of that program as described in
subsection (b) to prepare crew members for potential threat
conditions. In developing the requirements, the Under Secretary
shall consult with appropriate law enforcement personnel who
have expertise in self-defense training, security experts, and
terrorism experts, and representatives of air carriers and
labor organizations representing individuals employed in
commercial aviation.
``(2) Aviation crewmember self-defense division.--Not later
than 60 days after the date of enactment of the Arming Pilots
Against Terrorism and Cabin Defense Act of 2002, the Under
Secretary of Transportation for Security shall establish an
Aviation Crew Self-Defense Division within the Transportation
Security Administration. The Division shall develop and
administer the implementation of the requirements described in
this section. The Under Secretary shall appoint a Director of
the Aviation Crew Self-Defense Division who shall be the head
of the Division. The Director shall report to the Under
Secretary. In the selection of the Director, the Under
Secretary shall solicit recommendations from law enforcement,
air carriers, and labor organizations representing individuals
employed in commercial aviation. The Director shall have a
background in self-defense training, including military or law
enforcement training with an emphasis in teaching self-defense
and the appropriate use force. Regional training supervisors
shall be under the control of the Director and shall have
appropriate training and experience in teaching self-defense
and the appropriate use of force.'';
(2) by striking subsection (b), and inserting the following
new subsection:
``(b) Program Elements.--
``(1) In general.--The requirements prescribed under
subsection (a) shall include, at a minimum, 28 hours of self-
defense training that incorporates classroom and situational
training that contains the following elements:
``(A) Determination of the seriousness of any
occurrence.
``(B) Crew communication and coordination.
``(C) Appropriate responses to defend oneself,
including a minimum of 16 hours of hands-on training,
with reasonable and effective requirements on time
allotment over a 4 week period, in the following levels
of self-defense:
``(i) awareness, deterrence, and avoidance;
``(ii) verbalization;
``(iii) empty hand control;
``(iv) intermediate weapons and self-
defense techniques; and
``(v) deadly force.
``(D) Use of protective devices assigned to
crewmembers (to the extent such devices are approved by
the Administrator or Under Secretary).
``(E) Psychology of terrorists to cope with
hijacker behavior and passenger responses.
``(F) Live situational simulation joint training
exercises regarding various threat conditions,
including all of the elements required by this section.
``(G) Flight deck procedures or aircraft maneuvers
to defend the aircraft.
``(2) Program elements for instructors.--The requirements
prescribed under subsection (a) shall contain program elements
for instructors that include, at a minimum, the following:
``(A) A certification program for the instructors
who will provide the training described in paragraph
(1).
``(B) A requirement that no training session shall
have fewer than 1 instructor for every 12 students.
``(C) A requirement that air carriers provide
certain instructor information, including names and
qualifications, to the Aviation Crew Member Self-
Defense Division within 30 days after receiving the
requirements described in subsection (a).
``(D) Training course curriculum lesson plans and
performance objectives to be used by instructors.
``(E) Written training bulletins to reinforce
course lessons and provide necessary progressive
updates to instructors.
``(3) Recurrent training.--Each air carrier shall provide
the training under the program every 6 months after the
completion of the initial training.
``(4) Initial training.--Air carriers shall provide the
initial training under the program within 24 months of the date
of enactment of the Arming Pilots Against Terrorism and Cabin
Defense Act of 2002.
``(5) Communication devices.--The requirements described in
subsection (a) shall include a provision mandating that air
carriers provide flight and cabin crew with a discreet, hands-
free, wireless method of communicating with the flight deck.'';
and
(3) by adding at the end the following new subsections:
``(f) Rulemaking Authority.--Notwithstanding subsection (j)
(relating to authority to arm flight deck crew with less than-lethal
weapons) of section 44903, of this title, within 180 days after the
date of enactment of the Arming Pilots Against Terrorism and Cabin
Defense Act of 2002, the Under Secretary of Transportation for
Security, in consultation with persons described in subsection (a)(1),
shall prescribe regulations requiring air carriers to--
``(1) provide adequate training in the proper conduct of a
cabin search and allow adequate duty time to perform such a
search; and
``(2) conduct a preflight security briefing with flight
deck and cabin crew and, when available, Federal air marshals
or other authorized law enforcement officials.
``(g) Limitation on Liability.--
``(1) 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 acts or omissions of the air carrier's
training instructors or cabin crew using reasonable and
necessary force in defending an aircraft of the air carrier
against acts of criminal violence or air piracy.
``(2) Training instructors and cabin crew.--An air
carrier's training instructors or cabin crew shall not be
liable for damages in any action brought in a Federal or State
court arising out of an act or omission of a training
instructor or a member of the cabin crew regarding the defense
of an aircraft against acts of criminal violence or air piracy
unless the crew member is guilty of gross negligence or willful
misconduct.''.
(c) Nonlethal Weapons for Flight Attendants.--
(1) Study.--The Under Secretary of Transportation for
Security shall conduct a study to determine whether possession
of a nonlethal weapon by a member of an air carrier's cabin
crew would aid the flight deck crew in combating air piracy and
criminal violence on commercial airlines.
(2) Report.--Not later than 6 months after the date of
enactment of this Act, the Under Secretary of Transportation
for Security shall prepare and submit to Congress a report on
the study conducted under paragraph (1).
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