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Arming Airline Pilots On November 19, 2001, President Bush signed the Aviation and Transportation Security Act (ATSA) (P.L. 107-71). This new law shifts much of the responsibility for aviation security from the airports and airlines to the federal government. I strongly supported the enactment of this legislation. Among its many provisions, the ATSA authorizes the pilot of a passenger aircraft to carry a firearm into the cockpit subject to the approval of the Under Secretary for Transportation Security and the air carrier. The firearm must be of a type approved by the Under Secretary and the pilot must have had proper training in the use of the firearm. On May 21, 2002, then-Under Secretary of Transportation for Security, John Magaw, announced the TSA's decision to prohibit pilots from carrying firearms on aircraft. However, Transportation Secretary Norman Mineta instructed acting Under Secretary of Transportation, Admiral James Loy, to reconsider the arming of commercial pilots in late July after Mr. Magaw's resignation. The TSA outlined its views on what regulations and training guidelines should be included in a program to arm pilots through a letter to the Senate. S. 2554, the Armed Airline Pilots bill, was introduced by Senator Bob Smith on May 23, 2002. Senator Smith's bill was amended to H.R. 5005, the Homeland Security Bill, which was signed into law on November 25, 2002. I supported the inclusion of the amendment in H.R. 5005. On July 10, the House passed H.R. 4635, the House's version of the Armed Airline Pilots bill, by a vote of 310-113. The legislation amends federal law to direct the Under Secretary of Transportation for Security to establish a program to: (1) deputize volunteer qualified pilots of commercial cargo or passenger aircraft as federal flight deck officers; and (2) provide training, supervision, and equipment for such officers. The bill authorizes flight deck officers to carry firearms and to use force, including lethal force, when they judge the security of an aircraft is at risk. In addition, the bill shields air carriers from liability for damages in federal or state courts arising out of the actions or omissions of a flight deck officer defending a plane from criminal violence or air piracy. On February 19, 2003, the TSA announced its recommendation regarding pilots carrying guns. Because they are considered "federal deputies," those pilots who want to carry guns will undergo psychological and medical checks just as any law enforcement personnel would. I am committed to providing the nation with the safest transportation system available. I believe that reinforced cockpit doors and expansion of the Air Marshal program are important steps toward increased air safety. In addition, I support the arming of qualified pilots with proper firearms training. Congressional Research Service Issues Briefs The Congressional Research Service (CRS) is part of the legislative branch of the federal government. CRS, which is a department of the Library of Congress, works exclusively as a nonpartisan analytical, research, and reference arm for Congress. The following files are in PDF format. In order to view these files, you will need the Adobe Acrobat Reader installed on your PC. You can download the free Reader from the following website: http://www.adobe.com/products/acrobat/readstep.html For more information on this issue, please view the following CRS report: More information on Senator Shelby's activities regarding Transportation issues:
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