44 U.s.c. 44935

44 USC 44935.doc

Transportation Security Officer Medical Questionnaire

44 U.S.C. 44935

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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).

----------------------------------------------------------------------------------------------------------------


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.




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