Arming Pilots Against Terrorism Act

Fact Sheet API

Bill Number

HR 4635

Introduced

May 1, 2002

Latest Action

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 494.

Sponsor

Cosponsors

Topics

Air piracy Aircraft pilots Armed Forces and National Security Aviation safety Commercial aircraft Congress Congressional reporting requirements Crime and Law Enforcement Crime prevention Criminal justice information Criminal psychology Disciplining of employees Dismissal of employees EBB Terrorism Emergency communication systems Emergency Management Employee training Federal law enforcement officers Firearms Firearms injuries Flight crews Good samaritan laws Government Operations and Politics Governmental investigations Health Identification of criminals International Affairs Labor and Employment Law Law enforcement officers Liability (Law) Liability for aircraft accidents Licenses Negligence Personnel records Police Police training Radio Retired military personnel Science, Technology, Communications Terrorism Transportation and Public Works Violence Weapons

Full Text

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Votes

Summary

Arming Pilots Against Terrorism Act - Amends Federal law to direct the Under Secretary of Transportation for Security (in the Transportation Security Administration) to establish a two-year pilot program to: (1) deputize volunteer pilots of air carriers as Federal law enforcement officers to defend the flight decks of aircraft against acts of criminal violence or air piracy (Federal flight deck officers); and (2) provide training, supervision, and equipment for such officers.

(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.

Actions

Jul 15, 2002

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 494.
Jul 11, 2002

Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Jul 10, 2002

On passage Passed by the Yeas and Nays: 310 - 113 (Roll no. 292).
Jul 10, 2002

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 310 - 113 (Roll no. 292).
Jul 10, 2002

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.
Jul 10, 2002

The previous question was ordered pursuant to the rule.
Jul 10, 2002

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4635.
Jul 10, 2002

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.
Jul 10, 2002

DEBATE - The Committee of the Whole proceeded with debate on the Hostettler amendment under the five-minute rule.
Jul 10, 2002

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.
Jul 10, 2002

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.
Jul 10, 2002

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.
Jul 10, 2002

DEBATE - The Committee of the Whole proceeded with debate on the DeFazio amendment under the five-minute rule.
Jul 10, 2002

DEBATE - The Committee of the Whole proceeded with debate on the Mica amendment, as modified, under the five-minute rule.
Jul 10, 2002

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4635.
Jul 10, 2002

The Speaker designated the Honorable Ray LaHood to act as Chairman of the Committee.
Jul 10, 2002

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 472 and Rule XXIII.
Jul 10, 2002

Rule provides for consideration of H.R. 4635 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now printed in the bill (H. Rept. 107-555, Pt.1). Measure will be considered read. Bill is open to amendments.
Jul 10, 2002

Considered under the provisions of rule H. Res. 472. (consideration: CR H4440-4471; text of measure as reported in House: CR H4448-4450)
Jul 10, 2002

Rule H. Res. 472 passed House.
Jul 10, 2002

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.
Jul 10, 2002

Motion to reconsider laid on the table Agreed to without objection.
Jul 9, 2002

Placed on the Union Calendar, Calendar No. 334.
Jul 9, 2002

Committee on Judiciary discharged.
Jul 9, 2002

Rules Committee Resolution H. Res. 472 Reported to House. Rule provides for consideration of H.R. 4635 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now printed in the bill (H. Rept. 107-555, Pt.1). Measure will be considered read. Bill is open to amendments.
Jul 8, 2002

Referred sequentially to the House 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.
Jul 8, 2002

Reported (Amended) by the Committee on Transportation. H. Rept. 107-555, Part I.
Jul 8, 2002

Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Jun 26, 2002

Ordered to be Reported (Amended).
Jun 26, 2002

Committee Consideration and Mark-up Session Held.
Jun 19, 2002

Forwarded by Subcommittee to Full Committee in the Nature of a Substitute (Amended).
Jun 19, 2002

Subcommittee Consideration and Mark-up Session Held.
Jun 19, 2002

Subcommittee Hearings Held.
May 2, 2002

Referred to the Subcommittee on Aviation.
May 1, 2002

Referred to the House Committee on Transportation and Infrastructure.
May 1, 2002

Introduced in House

Amendments

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