Crew Member

§ 44918

TITLE 49—TRANSPORTATION

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:
‘‘(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

Page 1168

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.
(J) Any other subject matter considered
appropriate by the Under Secretary.
(3) APPROVAL.—An air carrier training program under this subsection shall be subject to
approval by the Under Secretary.
(4) MINIMUM STANDARDS.—Not later than one
year after the date of enactment of the Vision
100—Century of Aviation Reauthorization Act,
the Under Secretary may establish minimum
standards for the training provided under this
subsection and for recurrent training.
(5) EXISTING PROGRAMS.—Notwithstanding
paragraphs (3) and (4), any training program of
an air carrier to prepare flight and cabin crew
members for potential threat conditions that
was approved by the Administrator or the
Under Secretary before the date of enactment
of the Vision 100—Century of Aviation Reauthorization Act may continue in effect until
disapproved or ordered modified by the Under
Secretary.
(6) MONITORING.—The Under Secretary, in
consultation with the Administrator, shall
monitor air carrier training programs under
this subsection and periodically shall review

Page 1169

§ 44919

TITLE 49—TRANSPORTATION

an air carrier’s training program to ensure
that the program is adequately preparing crew
members for potential threat conditions. In
determining when an air carrier’s training
program should be reviewed under this paragraph, the Under Secretary shall consider
complaints from crew members. The Under
Secretary shall ensure that employees responsible for monitoring the training programs
have the necessary resources and knowledge.
(7) UPDATES.—The Under Secretary, in consultation with the Administrator, shall order
air carriers to modify training programs under
this subsection to reflect new or different security threats.
(b) ADVANCED SELF-DEFENSE TRAINING.—
(1) IN GENERAL.—Not later than one year
after the date of enactment of the Vision 100—
Century of Aviation Reauthorization Act, the
Under Secretary shall develop and provide a
voluntary training program for flight and
cabin crew members of air carriers providing
scheduled passenger air transportation.
(2) PROGRAM ELEMENTS.—The training program under this subsection shall include both
classroom and effective hands-on training in
the following elements of self-defense:
(A) Deterring a passenger who might
present a threat.
(B) Advanced control, striking, and restraint techniques.
(C) Training to defend oneself against
edged or contact weapons.
(D) Methods to subdue and restrain an
attacker.
(E) Use of available items aboard the aircraft for self-defense.
(F) Appropriate and effective responses to
defend oneself, including the use of force
against an attacker.
(G) Any other element of training that the
Under Secretary considers appropriate.
(3) PARTICIPATION NOT REQUIRED.—A crew
member shall not be required to participate in
the training program under this subsection.
(4) COMPENSATION.—Neither the Federal Government nor an air carrier shall be required to
compensate a crew member for participating
in the training program under this subsection.
(5) FEES.—A crew member shall not be required to pay a fee for the training program
under this subsection.
(6) CONSULTATION.—In developing the training program under this subsection, the Under
Secretary shall consult with law enforcement
personnel and security experts who have expertise in self-defense training, terrorism experts, representatives of air carriers, the director of self-defense training in the Federal
Air Marshals Service, flight attendants, labor
organizations representing flight attendants,
and educational institutions offering law enforcement training programs.
(7) DESIGNATION OF TSA OFFICIAL.—The Under
Secretary shall designate an official in the
Transportation Security Administration to be
responsible for implementing the training program under this subsection. The official shall
consult with air carriers and labor organizations representing crew members before imple-

menting the program to ensure that it is appropriate for situations that may arise on
board an aircraft during a flight.
(c) LIMITATION.—Actions by crew members
under this section shall be subject to the provisions of section 44903(k).
(Added Pub. L. 107–71, title I, § 107(a), Nov. 19,
2001, 115 Stat. 610; amended Pub. L. 107–296, title
XIV, § 1403(a), Nov. 25, 2002, 116 Stat. 2305; Pub. L.
108–176, title VI, § 603, Dec. 12, 2003, 117 Stat.
2563.)
REFERENCES IN TEXT
The date of enactment of the Vision 100—Century of
Aviation Reauthorization Act, referred to in subsecs.
(a)(4), (5) and (b)(1), is the date of enactment of Pub. L.
108–176, which was approved Dec. 12, 2003.
AMENDMENTS
2003—Pub. L. 108–176 reenacted section catchline
without change and amended text generally. Prior to
amendment, text consisted of subsecs. (a) to (e) relating to development of detailed guidance for a scheduled
passenger air carrier flight and cabin crew training program to prepare crew members for potential threat
conditions.
2002—Subsec. (e). Pub. L. 107–296 designated existing
provisions as par. (1), inserted heading, substituted
‘‘The Under Secretary’’ for ‘‘The Administrator’’, added
pars. (2) and (3), and realigned margins.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Domestic Security.

§ 44919. Security screening pilot program
(a) ESTABLISHMENT OF PROGRAM.—The Under
Secretary shall establish a pilot program under
which, upon approval of an application submitted by an operator of an airport, the screening of
passengers and property at the airport under
section 44901 will be carried out by the screening
personnel of a qualified private screening company under a contract entered into with the
Under Secretary.
(b) PERIOD OF PILOT PROGRAM.—The pilot program under this section shall begin on the last
day of the 1-year period beginning on the date of
enactment of this section and end on the last
day of the 3-year period beginning on such date
of enactment.
(c) APPLICATIONS.—An operator of an airport
may submit to the Under Secretary an application to participate in the pilot program under
this section.
(d) SELECTION OF AIRPORTS.—From among applications submitted under subsection (c), the
Under Secretary may select for participation in
the pilot program not more than 1 airport from
each of the 5 airport security risk categories, as
defined by the Under Secretary.
(e) SUPERVISION OF SCREENED PERSONNEL.—
The Under Secretary shall provide Federal Government supervisors to oversee all screening at