49 Usc 44917

Page 1055
§ 44915. Exemptions

The Under Secretary of Transportation for Security may exempt from sections 44901,
44903(a)–(c) and (e), 44906, 44935, and 44936 of this
title airports in Alaska served only by air carriers that—
(1) hold certificates issued under section
41102 of this title;
(2) operate aircraft with certificates for a
maximum gross takeoff weight of less than
12,500 pounds; and
(3) board passengers, or load property intended to be carried in an aircraft cabin, that
will be screened under section 44901 of this
title at another airport in Alaska before the
passengers board, or the property is loaded on,
an aircraft for a place outside Alaska.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1215;
Pub. L. 107–71, title I, § 101(f)(7), (9), Nov. 19, 2001,
115 Stat. 603.)
HISTORICAL AND REVISION NOTES
Revised
Section
44915 ..........

§ 44917

TITLE 49—TRANSPORTATION

Source (U.S. Code)
49 App.:1358.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 317; added
July 12, 1976, Pub. L.
94–353, § 17(a), 90 Stat. 882.

In clause (1), the word ‘‘issued’’ is substituted for
‘‘granted’’ for consistency in this part. The words ‘‘by
the Civil Aeronautics Board’’ are omitted as surplus.
Clause (3) is substituted for 49 App.:1358 (words after
3d comma) for consistency in the revised title.
AMENDMENTS
2001—Pub. L. 107–71 substituted ‘‘Under Secretary of
Transportation for Security’’ for ‘‘Administrator of the
Federal Aviation Administration’’ in introductory provisions.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 44916. Assessments and evaluations
(a) PERIODIC ASSESSMENTS.—The Under Secretary of Transportation for Security shall require each air carrier and airport (including the
airport owner or operator in cooperation with
the air carriers and vendors serving each airport) that provides for intrastate, interstate, or
foreign air transportation to conduct periodic
vulnerability assessments of the security systems of that air carrier or airport, respectively.
The Transportation Security Administration
shall perform periodic audits of such assessments.
(b) INVESTIGATIONS.—The Under Secretary
shall conduct periodic and unannounced inspections of security systems of airports and air carriers to determine the effectiveness and vulnerabilities of such systems. To the extent allowable by law, the Under Secretary may provide
for anonymous tests of those security systems.

(Added Pub. L. 104–264, title III, § 312(a), Oct. 9,
1996, 110 Stat. 3253; amended Pub. L. 107–71, title
I, § 101(f)(3), (7), Nov. 19, 2001, 115 Stat. 603.)
AMENDMENTS
2001—Subsec. (a). Pub. L. 107–71, § 101(f)(3), substituted
‘‘Under Secretary of Transportation for Security’’ for
‘‘Administrator’’ in first sentence and ‘‘Transportation
Security Administration’’ for ‘‘Administration’’ in second sentence.
Subsec. (b). Pub. L. 107–71, § 101(f)(7), substituted
‘‘Under Secretary’’ for ‘‘Administrator’’ in two places.
EFFECTIVE DATE
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30,
1996, and not to be construed as affecting funds made
available for a fiscal year ending before Oct. 1, 1996, see
section 3 of Pub. L. 104–264, set out as an Effective Date
of 1996 Amendment note under section 106 of this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.

§ 44917. Deployment of Federal air marshals
(a) IN GENERAL.—The Under Secretary of
Transportation for Security under the authority
provided by section 44903(d)—
(1) may provide for deployment of Federal
air marshals on every passenger flight of air
carriers in air transportation or intrastate air
transportation;
(2) shall provide for deployment of Federal
air marshals on every such flight determined
by the Secretary to present high security
risks;
(3) shall provide for appropriate training, supervision, and equipment of Federal air marshals;
(4) shall require air carriers providing flights
described in paragraph (1) to provide seating
for a Federal air marshal on any such flight
without regard to the availability of seats on
the flight and at no cost to the United States
Government or the marshal;
(5) may require air carriers to provide, on a
space-available basis, to an off-duty Federal
air marshal a seat on a flight to the airport
nearest the marshal’s home at no cost to the
marshal or the United States Government if
the marshal is traveling to that airport after
completing his or her security duties;
(6) may enter into agreements with Federal,
State, and local agencies under which appropriately-trained law enforcement personnel
from such agencies, when traveling on a flight
of an air carrier, will carry a firearm and be
prepared to assist Federal air marshals;
(7) shall establish procedures to ensure that
Federal air marshals are made aware of any
armed or unarmed law enforcement personnel
on board an aircraft; and
(8) may appoint—

§ 44918

TITLE 49—TRANSPORTATION

(A) an individual who is a retired law enforcement officer;
(B) an individual who is a retired member
of the Armed Forces; and
(C) an individual who has been furloughed
from an air carrier crew position in the 1year period beginning on September 11, 2001,
as a Federal air marshal, regardless of age, if
the individual otherwise meets the background and fitness qualifications required for
Federal air marshals.
(b) LONG DISTANCE FLIGHTS.—In making the
determination under subsection (a)(2), nonstop,
long distance flights, such as those targeted on
September 11, 2001, should be a priority.
(c) INTERIM MEASURES.—Until the Under Secretary completes implementation of subsection
(a), the Under Secretary may use, after consultation with and concurrence of the heads of
other Federal agencies and departments, personnel from those agencies and departments, on a
nonreimbursable basis, to provide air marshal
service.
(d) TRAINING FOR FOREIGN LAW ENFORCEMENT
PERSONNEL.—
(1) IN GENERAL.—The Assistant Secretary for
Immigration and Customs Enforcement of the
Department of Homeland Security, after consultation with the Secretary of State, may direct the Federal Air Marshal Service to provide appropriate air marshal training to law
enforcement personnel of foreign countries.
(2) WATCHLIST SCREENING.—The Federal Air
Marshal Service may only provide appropriate
air marshal training to law enforcement personnel of foreign countries after comparing
the identifying information and records of law
enforcement personnel of foreign countries
against all appropriate records in the consolidated and integrated terrorist watchlists
maintained by the Federal Government.
(3) FEES.—The Assistant Secretary shall establish reasonable fees and charges to pay expenses incurred in carrying out this subsection. Funds collected under this subsection
shall be credited to the account in the Treasury from which the expenses were incurred
and shall be available to the Assistant Secretary for purposes for which amounts in such
account are available.
(Added Pub. L. 107–71, title I, § 105(a), Nov. 19,
2001, 115 Stat. 606; amended Pub. L. 108–458, title
IV, § 4018, Dec. 17, 2004, 118 Stat. 3721.)
AMENDMENTS
2004—Subsec. (d). Pub. L. 108–458 added subsec. (d).
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
FEDERAL AIR MARSHALS
Pub. L. 108–458, title IV, § 4016, Dec. 17, 2004, 118 Stat.
3720, provided that:

Page 1056

‘‘(a) FEDERAL AIR MARSHAL ANONYMITY.—The Director of the Federal Air Marshal Service of the Department of Homeland Security shall continue operational
initiatives to protect the anonymity of Federal air
marshals.
‘‘(b) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.—
There is authorized to be appropriated to the Secretary
of Homeland Security for the use of the Bureau of Immigration and Customs Enforcement, in addition to
any amounts otherwise authorized by law, for the deployment of Federal air marshals under section 44917 of
title 49, United States Code, $83,000,000 for the 3 fiscalyear period beginning with fiscal year 2005. Such sums
shall remain available until expended.
‘‘(c) FEDERAL LAW ENFORCEMENT COUNTERTERRORISM
TRAINING.—
‘‘(1) AVAILABILITY OF INFORMATION.—The Assistant
Secretary for Immigration and Customs Enforcement
and the Director of Federal Air Marshal Service of
the Department of Homeland Security, shall make
available, as practicable, appropriate information on
in-flight counterterrorism and weapons handling procedures and tactics training to Federal law enforcement officers who fly while in possession of a firearm.
‘‘(2) IDENTIFICATION OF FRAUDULENT DOCUMENTS.—
The Assistant Secretary for Immigration and Customs Enforcement and the Director of Federal Air
Marshal Service of the Department of Homeland Security, in coordination with the Assistant Secretary
of Homeland Security (Transportation Security Administration), shall ensure that Transportation Security Administration screeners and Federal air marshals receive training in identifying fraudulent identification documents, including fraudulent or expired
visas and passports. Such training shall also be made
available to other Federal law enforcement agencies
and local law enforcement agencies located in a State
that borders Canada or Mexico.’’

§ 44918. Crew training
(a) BASIC SECURITY TRAINING.—
(1) IN GENERAL.—Each air carrier providing
scheduled passenger air transportation shall
carry out a training program for flight and
cabin crew members to prepare the crew members for potential threat conditions.
(2) PROGRAM ELEMENTS.—An air carrier
training program under this subsection shall
include, at a minimum, elements that address
each of the following:
(A) Recognizing suspicious activities and
determining the seriousness of any occurrence.
(B) Crew communication and coordination.
(C) The proper commands to give passengers and attackers.
(D) Appropriate responses to defend oneself.
(E) Use of protective devices assigned to
crew members (to the extent such devices
are required by the Administrator of the
Federal Aviation Administration or the
Under Secretary for Border and Transportation Security of the Department of Homeland Security).
(F) Psychology of terrorists to cope with
hijacker behavior and passenger responses.
(G) Situational training exercises regarding various threat conditions.
(H) Flight deck procedures or aircraft maneuvers to defend the aircraft and cabin
crew responses to such procedures and maneuvers.
(I) The proper conduct of a cabin search,
including explosive device recognition.