To amend title 49, United States Code, to establish a program for Federal flight deck officers, and for other purposes.
(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.
Became Public Law No: 107-296.
Received in the Senate.
Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S4842-4843)
Referred to the Committee on Commerce, Science, and Transportation by unanimous consent.
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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Motion to reconsider laid on the table Agreed to without objection.
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.