49 U.S.C. § 44918
Section 44918 · Crew training
Viewing 49 U.S.C. § 44918 as in effect on November 25, 2002. The text changed in 3 later editions (most recent May 16, 2024).
View current version →(a) In General.—Not later than 60 days after the date of enactment of the Aviation and Transportation Security Act, the Administrator of the Federal Aviation Administration, in consultation with the Under Secretary of Transportation for Security, appropriate law enforcement, security, and terrorism experts, representatives of air carriers and labor organizations representing individuals employed in commercial aviation, shall develop detailed guidance for a scheduled passenger air carrier flight and cabin crew training program to prepare crew members for potential threat conditions.
(b) Program Elements.—The guidance shall require such a program to include, at a minimum, elements that address the following:
(1) Determination of the seriousness of any occurrence.
(2) Crew communication and coordination.
(3) Appropriate responses to defend oneself.
(4) Use of protective devices assigned to crew members (to the extent such devices are required by the Administrator or Under Secretary).
(5) Psychology of terrorists to cope with hijacker behavior and passenger responses.
(6) Live situational training exercises regarding various threat conditions.
(7) Flight deck procedures or aircraft maneuvers to defend the aircraft.
(8) Any other subject matter deemed appropriate by the Administrator.
(c) Air Carrier Programs.—Within 60 days after the Administrator issues the guidance under subsection (a) in final form, each air carrier shall develop a flight and cabin crew training program in accordance with that guidance and submit it to the Administrator for approval. Within 30 days after receiving an air carrier's program under this subsection, the Administrator shall review the program and approve it or require the air carrier to make any revisions deemed necessary by the Administrator for the program to meet the guidance requirements.
(d) Training.—Within 180 days after the Administrator approves the training program developed by an air carrier under this section, the air carrier shall complete the training of all flight and cabin crews in accordance with that program.
(e) Updates.—
(1) In general.—The Under Secretary shall update the training guidance issued under subsection (a) from time to time to reflect new or different security threats and require air carriers to revise their programs accordingly and provide additional training to their flight and cabin crews.
(2) Additional requirements.—In updating the training guidance, the Under Secretary, in consultation with the Administrator, shall issue a rule to—
(A) require both classroom and effective hands-on situational training in the following elements of self defense:
(i) recognizing suspicious activities and determining the seriousness of an occurrence;
(ii) deterring a passenger who might present a problem;
(iii) crew communication and coordination;
(iv) the proper commands to give to passengers and attackers;
(v) methods to subdue and restrain an attacker;
(vi) use of available items aboard the aircraft for self-defense;
(vii) appropriate and effective responses to defend oneself, including the use of force against an attacker;
(viii) use of protective devices assigned to crew members (to the extent such devices are approved by the Administrator or Under Secretary);
(ix) the psychology of terrorists to cope with their behavior and passenger responses to that behavior; and
(x) how to respond to aircraft maneuvers that may be authorized to defend against an act of criminal violence or air piracy;
(B) require training in the proper conduct of a cabin search, including the duty time required to conduct the search;
(C) establish the required number of hours of training and the qualifications for the training instructors;
(D) establish the intervals, number of hours, and elements of recurrent training;
(E) ensure that air carriers provide the initial training required by this paragraph within 24 months of the date of enactment of this subparagraph; and
(F) ensure that no person is required to participate in any hands-on training activity that that person believes will have an adverse impact on his or her health or safety.
(3) Responsibility of under secretary.—(A) Consultation.—In developing the rule under paragraph (2), the Under Secretary shall consult with law enforcement personnel and security experts who have expertise in self-defense training, terrorism experts, and representatives of air carriers, the provider of self-defense training for Federal air marshals, flight attendants, labor organizations representing flight attendants, and educational institutions offering law enforcement training programs.
(B) Designation of official.—The Under Secretary shall designate an official in the Transportation Security Administration to be responsible for overseeing the implementation of the training program under this subsection.
(C) Necessary resources and knowledge.—The Under Secretary shall ensure that employees of the Administration responsible for monitoring the training program have the necessary resources and knowledge.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
The date of enactment of the Aviation and Transportation Security Act, referred to in subsec. (a), is the date of enactment of Pub. L. 107–71, which was approved Nov. 19, 2001.
The date of enactment of this subparagraph, referred to in subsec. (e)(2)(E), is the date of enactment of Pub. L. 107–296, which was approved Nov. 25, 2002.
Amendments
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 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.
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.