49 U.S.C. § 44918

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 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 and unruly passenger behavior.

(2) PROGRAM ELEMENTS.-An air carrier training program under this subsection shall include, at a minimum, elements that address each of the following:

(A) Recognize suspicious behavior and activities and determine the seriousness of any occurrence of such behavior and activities.

(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 Administrator of the Transportation Security Administration).

(F) Psychology of terrorists to cope with hijacker behavior and passenger responses.

(G) Situational training exercises regarding various threat conditions.

(H) De-escalation training based on recommendations issued by the Air Carrier Training Aviation Rulemaking Committee.

(I) Methods to subdue and restrain an active attacker.

(J) The proper conduct of a cabin search, including explosive device recognition.

(K) Any other subject matter considered appropriate by the Administrator of the Transportation Security Administration.

(3) APPROVAL.-An air carrier training program under this subsection shall be subject to approval by the Administrator of the Transportation Security Administration.

(4) MINIMUM STANDARDS.-Not later than 180 days after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator of the Transportation Security Administration, in consultation with the Federal Air Marshal Service and the Aviation Security Advisory Committee, shall establish minimum standards for-

(A) the training provided under this subsection and any for recurrent training; and

(B) the individuals or entities providing such 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 Administrator of the Transportation Security Administration before December 12, 2003, may continue in effect until disapproved or ordered modified by the Administrator of the Transportation Security Administration.

(6) MONITORING.-The Administrator of the Transportation Security Administration, in consultation with the Administrator and the Federal Air Marshal Service, shall monitor air carrier training programs under this subsection and shall periodically review an air carrier's training program to ensure that the program is adequately preparing crew members for potential threat conditions based on changes in the potential or actual threat conditions. In determining when an air carrier's training program should be reviewed under this paragraph, the Administrator of the Transportation Security Administration shall consider complaints from crew members. The Administrator of the Transportation Security Administration shall ensure that employees responsible for monitoring the training programs have the necessary resources and knowledge, including self-defense training expertise and experience.

(7) UPDATES.-The Administrator of the Transportation Security Administration, 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.-The Administrator of the Transportation Security Administration 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 Administrator of the Transportation Security Administration considers appropriate.

(3) PARTICIPATION NOT REQUIRED.-A crew member shall not be required to participate in the training program under this subsection.

(4) COMPENSATION.-Except as provided in paragraph (8), 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 Administrator of the Transportation Security Administration 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 Marshal Service, flight attendants, labor organizations representing flight attendants, and educational institutions offering law enforcement training programs.

(7) DESIGNATION OF TSA OFFICIAL.-The Administrator of the Transportation Security Administration 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 implementing the program to ensure that it is appropriate for situations that may arise on board an aircraft during a flight.

(8) AIR CARRIER ACCOMMODATION.-An air carrier with a crew member participating in the training program under this subsection shall provide a process through which each such crew member may obtain reasonable accommodations.

(c) LIMITATION.-Actions by crew members under this section shall be subject to the provisions of section 44903(k).

49 U.S.C. § 44918

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; Pub. L. 115-254, div. K, title I, §1991(d)(16), Oct. 5, 2018, 132 Stat. 3635; Pub. L. 118-63, title IV, §427, May 16, 2024, 138 Stat. 1169.

EDITORIAL NOTES

REFERENCES IN TEXTThe date of enactment of the FAA Reauthorization Act of 2024, referred to in subsec. (a)(4), is the date of enactment of Pub. L. 118-63 which was approved May 16, 2024.

AMENDMENTS2024-Subsec. (a)(1). Pub. L. 118-63, §427(1)(A), inserted "and unruly passenger behavior" before period at end.Subsec. (a)(2)(A). Pub. L. 118-63, §427(1)(B)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: "Recognizing suspicious activities and determining the seriousness of any occurrence."Subsec. (a)(2)(H). Pub. L. 118-63, §427(1)(B)(ii), added subpar. (H) and struck out former subpar. (H) which read as follows: "Flight deck procedures or aircraft maneuvers to defend the aircraft and cabin crew responses to such procedures and maneuvers."Subsec. (a)(2)(I) to (K). Pub. L. 118-63, §427(1)(B)(iii), (iv), added subpar. (I) and redesignated former subpars. (I) and (J) as (J) and (K), respectively.Subsec. (a)(4). Pub. L. 118-63, §427(1)(C), added par. (4) and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: "The Administrator of the Transportation Security Administration may establish minimum standards for the training provided under this subsection and for recurrent training." Subsec. (a)(6). Pub. L. 118-63, §427(1)(D), inserted "and the Federal Air Marshal Service" after "consultation with the Administrator", substituted "and shall periodically" for "and periodically shall", and inserted "based on changes in the potential or actual threat conditions" before period at end of first sentence and ", including self-defense training expertise and experience" before period at end of third sentence.Subsec. (b)(4). Pub. L. 118-63, §427(2)(A), substituted "Except as provided in paragraph (8), neither" for "Neither".Subsec. (b)(8). Pub. L. 118-63, §427(2)(B), added par. (8).2018- Pub. L. 115-254, §1991(d)(16)(C), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" wherever appearing. Subsec. (a)(2)(E). Pub. L. 115-254, §1991(d)(16)(A)(i), substituted "Administrator of the Transportation Security Administration" for "Under Secretary for Border and Transportation Security of the Department of Homeland Security".Subsec. (a)(4). Pub. L. 115-254, §1991(d)(16)(A)(ii), substituted "The" for "Not later than one year after the date of enactment of the Vision 100-Century of Aviation Reauthorization Act, the".Subsec. (a)(5). Pub. L. 115-254, §1991(d)(16)(A)(iii), substituted "December 12, 2003," for "the date of enactment of the Vision 100-Century of Aviation Reauthorization Act".Subsec. (b)(1). Pub. L. 115-254, §1991(d)(16)(B)(i), substituted "The" for "Not later than one year after the date of enactment of the Vision 100-Century of Aviation Reauthorization Act, the".Subsec. (b)(6). Pub. L. 115-254, §1991(d)(16)(B)(ii), substituted "Federal Air Marshal Service" for "Federal Air Marshals Service".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.

STATUTORY NOTES AND RELATED SUBSIDIARIES

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.

CREW MEMBER SELF-DEFENSE TRAINING Pub. L. 115-254, div. K, title I, §19601960,, 132 Stat. 3600, provided that: "The Administrator [of the Transportation Security Administration], in consultation with the Administrator of the Federal Aviation Administration, shall continue to carry out and encourage increased participation by air carrier employees in the voluntary self-defense training program under section 44918(b) of title 49, United States Code."