To amend title 49, United States Code, to allow the arming of pilots of cargo aircraft, and for other purposes.

March 5, 2003

Mr. Bunning (for himself, Mrs. Boxer, Mr. Inhofe, Mr. Craig, Mr. Allen, Mr. Nickles, Mr. Burns, Mr. Brownback, Mr. Thomas, Ms. Snowe, Mr. Miller, Mr. Campbell, and Mr. Sessions) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

To amend title 49, United States Code, to allow the arming of pilots of cargo aircraft, 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 Cargo Pilots Against Terrorism Act'.

SEC. 2. FINDINGS AND PURPOSE.

(a) FINDINGS- Congress makes the following findings:

(1) During the 107th Congress, both the Senate and the House of Representatives overwhelmingly passed measures that would have armed pilots of cargo aircraft.

(2) Cargo aircraft do not have Federal air marshals, trained cabin crew, or determined passengers to subdue terrorists.

(3) Cockpit doors on cargo aircraft, if present at all, largely do not meet the security standards required for commercial passenger aircraft.

(4) Cargo aircraft vary in size and many are larger and carry larger amounts of fuel than the aircraft hijacked on September 11, 2001.

(5) Aircraft cargo frequently contains hazardous material and can contain deadly biological and chemical agents and quantities of agents that cause communicable diseases.

(6) Approximately 12,000 of the nation's 90,000 commercial pilots serve as pilots and flight engineers on cargo aircraft.

(7) There are approximately 2,000 cargo flights per day in the United States, many of which are loaded with fuel for outbound international travel or are inbound from foreign airports not secured by the Transportation Security Administration.

(8) Aircraft transporting cargo pose a serious risk as potential terrorist targets that could be used as weapons of mass destruction.

(9) Pilots of cargo aircraft deserve the same ability to protect themselves and the aircraft they pilot as other commercial airline pilots.

(10) Permitting pilots of cargo aircraft to carry firearms creates an important last line of defense against a terrorist effort to commandeer a cargo aircraft.

(b) SENSE OF CONGRESS- It is the sense of Congress that a member of a flight deck crew of a cargo aircraft should be armed with a firearm to defend the cargo aircraft against an attack by terrorists that could result in the use of the aircraft as a weapon of mass destruction or for other terrorist purposes.

SEC. 3. ARMING CARGO PILOTS AGAINST TERRORISM.

Section 44921 of title 49, United States Code, is amended--

(1) in subsection (a), by striking `passenger' each place that it appears; and

(2) in subsection (k)--

(A) in paragraph (2)--

(i) by striking `or,' and all that follows; and

(ii) by inserting `or any other flight deck crew member.'; and

(B) by adding at the end the following new paragraph:

`(3) ALL-CARGO AIR TRANSPORTATION- For the purposes of this section, the term air transportation includes all-cargo air transportation.'.

SEC. 4. IMPLEMENTATION.

(a) TIME FOR IMPLEMENTATION- The training of pilots as Federal flight deck officers required in the amendments made by section 3 shall begin as soon as practicable and no later than 90 days after the date of enactment of this Act.

(b) EFFECT ON OTHER LAWS- The requirements of subsection (a) shall have no effect on the deadlines for implementation contained in section 44921 of title 49, United States Code, as in effect on the day before the date of enactment of this Act.

END