From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 49USC44935]
TITLE 49--TRANSPORTATION
SUBTITLE VII--AVIATION PROGRAMS
PART A--AIR COMMERCE AND SAFETY
subpart iii--safety
CHAPTER 449--SECURITY
SUBCHAPTER II--ADMINISTRATION AND PERSONNEL
Sec. 44935. Employment standards and training
(a) Employment Standards.--The Under Secretary of Transportation for
Security shall prescribe standards for the employment and continued
employment of, and contracting for, air carrier personnel and, as
appropriate, airport security personnel. The standards shall include--
(1) minimum training requirements for new employees;
(2) retraining requirements;
(3) minimum staffing levels;
(4) minimum language skills; and
(5) minimum education levels for employees, when appropriate.
(b) Review and Recommendations.--In coordination with air carriers,
airport operators, and other interested persons, the Under Secretary
shall review issues related to human performance in the aviation
security system to maximize that performance. When the review is
completed, the Under Secretary shall recommend guidelines and prescribe
appropriate changes in existing procedures to improve that performance.
(c) Security Program Training, Standards, and Qualifications.--(1)
The Under Secretary--
(A) may train individuals employed to carry out a security
program under section 44903(c) of this title; and
(B) shall prescribe uniform training standards and uniform
minimum qualifications for individuals eligible for that training.
(2) The Under Secretary may authorize reimbursement for travel,
transportation, and subsistence expenses for security training of non-
United States Government domestic and foreign individuals whose services
will contribute significantly to carrying out civil aviation security
programs. To the extent practicable, air travel reimbursed under this
paragraph shall be on air carriers.
(d) Education and Training Standards for Security Coordinators,
Supervisory Personnel, and Pilots.--(1) The Under Secretary shall
prescribe standards for educating and training--
(A) ground security coordinators;
(B) security supervisory personnel; and
(C) airline pilots as in-flight security coordinators.
(2) The standards shall include initial training, retraining, and
continuing education requirements and methods. Those requirements and
methods shall be used annually to measure the performance of ground
security coordinators and security supervisory personnel.
(e) Security Screeners.--
(1) Training program.--The Under Secretary of Transportation for
Security shall establish a program for the hiring and training of
security screening personnel.
(2) Hiring.--
(A) Qualifications.--Within 30 days after the date of
enactment of the Aviation and Transportation Security Act, the
Under Secretary shall establish qualification standards for
individuals to be hired by the United States as security
screening personnel. Notwithstanding any provision of law, those
standards shall require, at a minimum, an individual--
(i) to have a satisfactory or better score on a Federal
security screening personnel selection examination;
(ii) to be a citizen of the United States or a national
of the United States, as defined in section 1101(a)(22) \1\
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22));
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\1\ So in original. Probably should be section ``101(a)(22)''.
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(iii) to meet, at a minimum, the requirements set forth
in subsection (f);
(iv) to meet such other qualifications as the Under
Secretary may establish; and
(v) to have the ability to demonstrate daily a fitness
for duty without any impairment due to illegal drugs, sleep
deprivation, medication, or alcohol.
(B) Background checks.--The Under Secretary shall require
that an individual to be hired as a security screener undergo an
employment investigation (including a criminal history record
check) under section 44936(a)(1).
(C) Disqualification of individuals who present national
security risks.--The Under Secretary, in consultation with the
heads of other appropriate Federal agencies, shall establish
procedures, in addition to any background check conducted under
section 44936, to ensure that no individual who presents a
threat to national security is employed as a security screener.
(3) Examination; review of existing rules.--The Under Secretary
shall develop a security screening personnel examination for use in
determining the qualification of individuals seeking employment as
security screening personnel. The Under Secretary shall also review,
and revise as necessary, any standard, rule, or regulation governing
the employment of individuals as security screening personnel.
(f) Employment Standards for Screening Personnel.--
(1) Screener requirements.--Notwithstanding any provision of
law, an individual may not be deployed as a security screener unless
that individual meets the following requirements:
(A) The individual shall possess a high school diploma, a
general equivalency diploma, or experience that the Under
Secretary has determined to be sufficient for the individual to
perform the duties of the position.
(B) The individual shall possess basic aptitudes and
physical abilities, including color perception, visual and aural
acuity, physical coordination, and motor skills, to the
following standards:
(i) Screeners operating screening equipment shall be
able to distinguish on the screening equipment monitor the
appropriate imaging standard specified by the Under
Secretary.
(ii) Screeners operating any screening equipment shall
be able to distinguish each color displayed on every type of
screening equipment and explain what each color signifies.
(iii) Screeners shall be able to hear and respond to the
spoken voice and to audible alarms generated by screening
equipment in an active checkpoint environment.
(iv) Screeners performing physical searches or other
related operations shall be able to efficiently and
thoroughly manipulate and handle such baggage, containers,
and other objects subject to security processing.
(v) Screeners who perform pat-downs or hand-held metal
detector searches of individuals shall have sufficient
dexterity and capability to thoroughly conduct those
procedures over an individual's entire body.
(C) The individual shall be able to read, speak, and write
English well enough to--
(i) carry out written and oral instructions regarding
the proper performance of screening duties;
(ii) read English language identification media,
credentials, airline tickets, and labels on items normally
encountered in the screening process;
(iii) provide direction to and understand and answer
questions from English-speaking individuals undergoing
screening; and
(iv) write incident reports and statements and log
entries into security records in the English language.
(D) The individual shall have satisfactorily completed all
initial, recurrent, and appropriate specialized training
required by the security program, except as provided in
paragraph (3).
(2) Veterans preference.--The Under Secretary shall provide a
preference for the hiring of an individual as a security screener if
the individual is a member or former member of the armed forces and
if the individual is entitled, under statute, to retired,
retirement, or retainer pay on account of service as a member of the
armed forces.
(3) Exceptions.--An individual who has not completed the
training required by this section may be deployed during the on-the-
job portion of training to perform functions if that individual--
(A) is closely supervised; and
(B) does not make independent judgments as to whether
individuals or property may enter a sterile area or aircraft
without further inspection.
(4) Remedial training.--No individual employed as a security
screener may perform a screening function after that individual has
failed an operational test related to that function until that
individual has successfully completed the remedial training
specified in the security program.
(5) Annual proficiency review.--The Under Secretary shall
provide that an annual evaluation of each individual assigned
screening duties is conducted and documented. An individual employed
as a security screener may not continue to be employed in that
capacity unless the evaluation demonstrates that the individual--
(A) continues to meet all qualifications and standards
required to perform a screening function;
(B) has a satisfactory record of performance and attention
to duty based on the standards and requirements in the security
program; and
(C) demonstrates the current knowledge and skills necessary
to courteously, vigilantly, and effectively perform screening
functions.
(6) Operational testing.--In addition to the annual proficiency
review conducted under paragraph (5), the Under Secretary shall
provide for the operational testing of such personnel.
(g) Training.--
(1) Use of other agencies.--The Under Secretary may enter into a
memorandum of understanding or other arrangement with any other
Federal agency or department with appropriate law enforcement
responsibilities, to provide personnel, resources, or other forms of
assistance in the training of security screening personnel.
(2) Training plan.--Within 60 days after the date of enactment
of the Aviation and Transportation Security Act, the Under Secretary
shall develop a plan for the training of security screening
personnel. The plan shall require, at a minimum, that a security
screener--
(A) has completed 40 hours of classroom instruction or
successfully completed a program that the Under Secretary
determines will train individuals to a level of proficiency
equivalent to the level that would be achieved by such classroom
instruction;
(B) has completed 60 hours of on-the-job instructions; and
(C) has successfully completed an on-the-job training
examination prescribed by the Under Secretary.
(3) Equipment-specific training.--An individual employed as a
security screener may not use any security screening device or
equipment in the scope of that individual's employment unless the
individual has been trained on that device or equipment and has
successfully completed a test on the use of the device or equipment.
(h) Technological Training.--
(1) In general.--The Under Secretary shall require training to
ensure that screeners are proficient in using the most up-to-date
new technology and to ensure their proficiency in recognizing new
threats and weapons.
(2) Periodic assessments.--The Under Secretary shall make
periodic assessments to determine if there are dual use items and
inform security screening personnel of the existence of such items.
(3) Current lists of dual use items.--Current lists of dual use
items shall be part of the ongoing training for screeners.
(4) Dual use defined.--For purposes of this subsection, the term
``dual use'' item means an item that may seem harmless but that may
be used as a weapon.
(i) \2\ Limitation on Right To Strike.--An individual that screens
passengers or property, or both, at an airport under this section may
not participate in a strike, or assert the right to strike, against the
person (including a governmental entity) employing such individual to
perform such screening.
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\2\ So in original. Two subsecs. (i) have been enacted.
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(j) Uniforms.--The Under Secretary shall require any individual who
screens passengers and property pursuant to section 44901 to be attired
while on duty in a uniform approved by the Under Secretary.
(i) \2\ Accessibility of Computer-Based Training Facilities.--The
Under Secretary shall work with air carriers and airports to ensure that
computer-based training facilities intended for use by security
screeners at an airport regularly serving an air carrier holding a
certificate issued by the Secretary of Transportation are conveniently
located for that airport and easily accessible.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1217; Pub. L. 106-
528, Sec. 3, Nov. 22, 2000, 114 Stat. 2519; Pub. L. 107-71, title I,
Secs. 101(f)(7), (9), 111(a), Nov. 19, 2001, 115 Stat. 603, 616; Pub. L.
107-296, title XVI, Sec. 1603, Nov. 25, 2002, 116 Stat. 2313.)
Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
44935(a).............................. 49 App.:1357(h). Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
731, Sec. 316(h)-(j); added Nov. 16,
1990, Pub. L. 101-604, Sec. 105(a),
104 Stat. 3073.
44935(b).............................. 49 App.:1357(i).
44935(c).............................. 49 App.:1357(c). Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
731, Sec. 316(c); added Aug. 5, 1974,
Pub. L. 93-366, Sec. 202, 88 Stat.
416; Oct. 31, 1992, Pub. L. 102-581,
Sec. 202, 106 Stat. 4890.
44935(d).............................. 49 App.:1357(j).
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In subsection (a), before clause (1), the words ``Not later than 270
days after November 16, 1990'' are omitted as obsolete. The words
``contracting for'' are substituted for ``contracting of'' for clarity
and consistency in the revised title.
In subsection (c)(1)(A), the words ``individuals employed'' are
substituted for ``personnel employed by him . . . and for other
personnel, including State, local, and private law enforcement
personnel, whose services may be utilized'' for clarity and consistency
in the revised title and with other titles of the United States Code.
In subsection (c)(1)(B), the words ``individuals eligible'' are
substituted for ``personnel whose services are utilized to enforce any
such transportation security program, including State, local, and
private law enforcement personnel . . . for personnel eligible'' for
clarity and consistency in the revised title and with other titles of
the Code.
In subsection (c)(2), the words ``under this section'' are omitted
as unnecessary. The words ``United States'' before ``air carriers'' are
omitted because of the definition of ``air carrier'' in section 40102(a)
of the revised title.
In subsection (d)(1), before clause (A), the words ``Not later than
180 days after November 16, 1990'' are omitted as obsolete.
References in Text
The date of enactment of the Aviation and Transportation Security
Act, referred to in subsecs. (e)(2)(A) and (g)(2), is the date of
enactment of Pub. L. 107-71, which was approved Nov. 19, 2001.
Amendments
2002--Subsec. (e)(2)(A)(ii). Pub. L. 107-296 substituted ``citizen
of the United States or a national of the United States, as defined in
section 1101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22))'' for ``citizen of the United States''.
2001--Subsec. (a). Pub. L. 107-71, Sec. 101(f)(7), (9), substituted
``Under Secretary of Transportation for Security'' for ``Administrator
of the Federal Aviation Administration'' in introductory provisions.
Subsec. (b). Pub. L. 107-71, Sec. 101(f)(7), substituted ``Under
Secretary'' for ``Administrator'' in two places.
Subsec. (c). Pub. L. 107-71, Sec. 101(f)(7), substituted ``Under
Secretary'' for ``Administrator'' in introductory provisions of par. (1)
and in par. (2).
Subsec. (d)(1). Pub. L. 107-71, Sec. 101(f)(7), substituted ``Under
Secretary'' for ``Administrator'' in introductory provisions.
Subsec. (e). Pub. L. 107-71, Sec. 111(a)(2), added subsec. (e) and
struck out former subsec. (e) which established training standards for
screeners.
Subsec. (f). Pub. L. 107-71, Sec. 111(a)(2), added subsec. (f).
Former subsec. (f) redesignated (i).
Pub. L. 107-71, Sec. 101(f)(7), substituted ``Under Secretary'' for
``Administrator''.
Subsecs. (g), (h). Pub. L. 107-71, Sec. 111(a)(2), added subsecs.
(g) and (h).
Subsec. (i). Pub. L. 107-71, Sec. 111(a)(2), added subsec. (i)
relating to limitation on right to strike.
Pub. L. 107-71, Sec. 111(a)(1), redesignated subsec. (f) as (i)
relating to accessibility of computer-based training facilities.
Subsec. (j). Pub. L. 107-71, Sec. 111(a)(2), added subsec. (j).
2000--Subsecs. (e), (f). Pub. L. 106-528 added subsecs. (e) and (f).
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.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106-528 effective 30 days after Nov. 22, 2000,
see section 9 of Pub. L. 106-528, set out as a 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.
Transition
Pub. L. 107-71, title I, Sec. 111(c), Nov. 19, 2001, 115 Stat. 620,
provided that: ``The Under Secretary of Transportation for Security
shall complete the full implementation of section 44935 (e), (f), (g),
and (h) of title 49, United States Code, as amended by subsection (a),
as soon as is practicable. The Under Secretary may make or continue such
arrangements for the training of security screeners under that section
as the Under Secretary determines necessary pending full implementation
of that section as so amended.''
Screener Personnel
Pub. L. 107-71, title I, Sec. 111(d), Nov. 19, 2001, 115 Stat. 620,
provided that: ``Notwithstanding any other provision of law, the Under
Secretary of Transportation for Security may employ, appoint,
discipline, terminate, and fix the compensation, terms, and conditions
of employment of Federal service for such a number of individuals as the
Under Secretary determines to be necessary to carry out the screening
functions of the Under Secretary under section 44901 of title 49, United
States Code. The Under Secretary shall establish levels of compensation
and other benefits for individuals so employed.''
Certification of Screening Companies
Pub. L. 104-264, title III, Sec. 302, Oct. 9, 1996, 110 Stat. 3250,
provided that: ``The Administrator of the Federal Aviation
Administration is directed to certify companies providing security
screening and to improve the training and testing of security screeners
through development of uniform performance standards for providing
security screening services.''
Studies of Minimum Standards for Pilot Qualifications and of Pay for
Training
Pub. L. 104-264, title V, Sec. 503, Oct. 9, 1996, 110 Stat. 3263,
provided that:
``(a) Study.--The Administrator of the Federal Aviation
Administration shall appoint a task force consisting of appropriate
representatives of the aviation industry to conduct--
``(1) a study directed toward the development of--
``(A) standards and criteria for preemployment screening
tests measuring the psychomotor coordination, general
intellectual capacity, instrument and mechanical comprehension,
and physical and mental fitness of an applicant for employment
as a pilot by an air carrier; and
``(B) standards and criteria for pilot training facilities
to be licensed by the Administrator and which will assure that
pilots trained at such facilities meet the preemployment
screening standards and criteria described in subparagraph (A);
and
``(2) a study to determine if the practice of some air carriers
to require employees or prospective employees to pay for the
training or experience that is needed to perform flight check duties
for an air carrier is in the public interest.
``(b) Report.--Not later than 1 year after the date of the enactment
of this Act [Oct. 9, 1996], the Administrator shall transmit to Congress
a report on the results of the study conducted under subsection
(a)(2).''
Study of Minimum Flight Time
Pub. L. 104-264, title V, Sec. 504, Oct. 9, 1996, 110 Stat. 3263,
provided that:
``(a) Study.--The Administrator of the Federal Aviation
Administration shall conduct a study to determine whether current
minimum flight time requirements applicable to individuals seeking
employment as a pilot with an air carrier are sufficient to ensure
public safety.
``(b) Report.--Not later than 1 year after the date of the enactment
of this Act [Oct. 9, 1996], the Administrator shall transmit to Congress
a report on the results of the study.''
Section Referred to in Other Sections
This section is referred to in sections 106, 114, 40109, 44915,
44936, 44937 of this title.
| File Type | application/msword |
| File Title | From the U |
| Author | Katrina Wawer |
| Last Modified By | Katrina Wawer |
| File Modified | 2006-09-15 |
| File Created | 2006-09-15 |