49 C.F.R. Subpart E—Screener Qualifications When the Aircraft Operator Performs Screening
Title 49 - Transportation
(a) Aircraft operator screening. This subpart applies when the aircraft operator is conducting inspections as provided in §1544.207(c). (b) Current screeners. As used in this subpart, “current screener” means each individual who first performed screening functions before the date the aircraft operator must begin use of the new screener training program provided by TSA. Until November 19, 2002, each current screener must comply with §1544.403. Until November 19, 2002, each aircraft operator must apply §1544.403 for each current screener. On and after November 19, 2002, each such current screener must comply with §§1544.405 through 1544.411, and each aircraft operator must comply with §§1544.405 through 1544.411 for such individuals. (c) New screeners. As used in this subpart, “new screener” means each individual who first performs screening functions on and after the date the aircraft operator must begin use of the new screener training program provided by TSA. Each aircraft operator must apply §§1544.405 through 1544.411 for individuals who first perform screening functions for new screeners. This section applies to current screeners. This section no longer applies on and after November 19, 2002. (a) No aircraft operator may use any person to perform any screening function, unless that person has: (1) A high school diploma, a General Equivalency Diploma, or a combination of education and experience that the aircraft operator has determined to have equipped the person to perform the duties of the position. (2) Basic aptitudes and physical abilities including color perception, visual and aural acuity, physical coordination, and motor skills to the following standards: (i) Screeners operating X-ray equipment must be able to distinguish on the X-ray monitor the appropriate imaging standard specified in the aircraft operator's security program. Wherever the X-ray system displays colors, the operator must be able to perceive each color; (ii) Screeners operating any screening equipment must be able to distinguish each color displayed on every type of screening equipment and explain what each color signifies; (iii) Screeners must 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 must be able to efficiently and thoroughly manipulate and handle such baggage, containers, and other objects subject to security processing; and (v) Screeners who perform pat-downs or hand-held metal detector searches of persons must have sufficient dexterity and capability to thoroughly conduct those procedures over a person's entire body. (3) The ability 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 persons undergoing screening; and (iv) Write incident reports and statements and log entries into security records in the English language. (4) Satisfactorily completed all initial, recurrent, and appropriate specialized training required by the aircraft operator's security program, except as provided in paragraph (b) of this section. (b) The aircraft operator may use a person who has not completed the training required by paragraph (a)(4) of this section during the on-the-job portion of training to perform security functions provided that the person: (1) Is closely supervised, and (2) Does not make independent judgments as to whether persons or property may enter a sterile area or aircraft without further inspection. (c) No aircraft operator must use a person to perform a screening function after that person has failed an operational test related to that function until that person has successfully completed the remedial training specified in the aircraft operator's security program. (d) Each aircraft operator must ensure that a Ground Security Coordinator conducts and documents an annual evaluation of each individual assigned screening duties and may continue that individual's employment in a screening capacity only upon the determination by the Ground Security Coordinator that the individual: (1) Has not suffered a significant diminution of any physical ability required to perform a screening function since the last evaluation of those abilities; (2) Has a satisfactory record of performance and attention to duty based on the standards and requirements in its security program; and (3) Demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform screening functions. (e) Paragraphs (a) through (d) of this section do not apply to those screening functions conducted outside the United States over which the aircraft operator does not have operational control. In the event the aircraft operator is unable to implement paragraphs (a) through (d) of this section for screening functions outside the United States, the aircraft operator must notify TSA of those aircraft operator stations so affected. (f) At locations outside the United States where the aircraft operator has operational control over a screening function, the aircraft operator may use screeners who do not meet the requirements of paragraph (a)(3) of this section, provided that at least one representative of the aircraft operator who has the ability to functionally read and speak English is present while the aircraft operator's passengers are undergoing security screening. (a) No individual subject to this subpart may perform a screening function unless that individual has the qualifications described in §§1544.405 through 1544.411. No aircraft operator may use such an individual to perform a screening function unless that person complies with the requirements of §§1544.405 through 1544.411. (b) A screener must have a satisfactory or better score on a screener selection test administered by TSA. (c) A screener must be a citizen of the United States. (d) A screener must have a high school diploma, a General Equivalency Diploma, or a combination of education and experience that the TSA has determined to be sufficient for the individual to perform the duties of the position. (e) A screener must have basic aptitudes and physical abilities including color perception, visual and aural acuity, physical coordination, and motor skills to the following standards: (1) Screeners operating screening equipment must be able to distinguish on the screening equipment monitor the appropriate imaging standard specified in the aircraft operator's security program. (2) Screeners operating any screening equipment must be able to distinguish each color displayed on every type of screening equipment and explain what each color signifies. (3) Screeners must be able to hear and respond to the spoken voice and to audible alarms generated by screening equipment at an active screening location. (4) Screeners who perform physical searches or other related operations must be able to efficiently and thoroughly manipulate and handle such baggage, containers, cargo, and other objects subject to screening. (5) Screeners who perform pat-downs or hand-held metal detector searches of individuals must have sufficient dexterity and capability to thoroughly conduct those procedures over an individual's entire body. (f) A screener must have the ability to read, speak, and write English well enough to— (1) Carry out written and oral instructions regarding the proper performance of screening duties; (2) Read English language identification media, credentials, airline tickets, documents, air waybills, invoices, and labels on items normally encountered in the screening process; (3) Provide direction to and understand and answer questions from English-speaking individuals undergoing screening; and (4) Write incident reports and statements and log entries into security records in the English language. (g) At locations outside the United States where the aircraft operator has operational control over a screening function, the aircraft operator may use screeners who do not meet the requirements of paragraph (f) of this section, provided that at least one representative of the aircraft operator who has the ability to functionally read and speak English is present while the aircraft operator's passengers are undergoing security screening. At such locations the aircraft operator may use screeners who are not United States citizens. (a) Training required. Before performing screening functions, an individual must have completed initial, recurrent, and appropriate specialized training as specified in this section and the aircraft operator's security program. No aircraft operator may use any screener, screener in charge, or checkpoint security supervisor unless that individual has satisfactorily completed the required training. This paragraph does not prohibit the performance of screening functions during on-the-job training as provided in §1544.409 (b). (b) Use of training programs. Training for screeners must be conducted under programs provided by TSA. Training programs for screeners-in-charge and checkpoint security supervisors must be conducted in accordance with the aircraft operator's security program. (c) Classroom instruction. Each screener must complete at least 40 hours of classroom instruction or successfully complete a program that TSA determines will train individuals to a level of proficiency equivalent to the level that would be achieved by such classroom instruction. (d) Screener readiness test. Before beginning on-the-job training, a screener trainee must pass the screener readiness test prescribed by TSA. (e) On-the-job training and testing. Each screener must complete at least 60 hours of on-the-job training and must pass an on-the-job training test prescribed by TSA. No aircraft operator may permit a screener trainee to exercise independent judgment as a screener, until the individual passes an on-the-job training test prescribed by TSA. (f) Knowledge requirements. Each aircraft operator must ensure that individuals performing as screeners, screeners-in-charge, and checkpoint security supervisors for the aircraft operator have knowledge of the provisions of this part, the aircraft operator's security program, and applicable Security Directives and Information Circulars to the extent necessary to perform their duties. (g) Disclosure of sensitive security information during training. The aircraft operator may not permit a trainee to have access to sensitive security information during screener training unless a criminal history records check has successfully been completed for that individual in accordance with §1544.229, and the individual has no disqualifying criminal offense. (a) Cheating or other unauthorized conduct. (1) Except as authorized by the TSA, no person may— (i) Copy or intentionally remove a test under this part; (ii) Give to another or receive from another any part or copy of that test; (iii) Give help on that test to or receive help on that test from any person during the period that the test is being given; or (iv) Use any material or aid during the period that the test is being given. (2) No person may take any part of that test on behalf of another person. (3) No person may cause, assist, or participate intentionally in any act prohibited by this paragraph (a). (b) Administering and monitoring screener tests. (1) Each aircraft operator must notify TSA of the time and location at which it will administer each screener readiness test required under §1544.405(d). (2) Either TSA or the aircraft operator must administer and monitor the screener readiness test. Where more than one aircraft operator or foreign air carrier uses a screening location, TSA may authorize an employee of one or more of the aircraft operators or foreign air carriers to monitor the test for a trainee who will screen at that location. (3) If TSA or a representative of TSA is not available to administer and monitor a screener readiness test, the aircraft operator must provide a direct employee to administer and monitor the screener readiness test. (4) An aircraft operator employee who administers and monitors a screener readiness test must not be an instructor, screener, screener-in-charge, checkpoint security supervisor, or other screening supervisor. The employee must be familiar with the procedures for administering and monitoring the test and must be capable of observing whether the trainee or others are engaging in cheating or other unauthorized conduct. (a) Impairment. No individual may perform a screening function if he or she shows evidence of impairment, such as impairment due to illegal drugs, sleep deprivation, medication, or alcohol. (b) Training not complete. An individual who has not completed the training required by §1544.405 may be deployed during the on-the-job portion of training to perform security functions provided that the individual— (1) Is closely supervised; and (2) Does not make independent judgments as to whether individuals or property may enter a sterile area or aircraft without further inspection. (c) Failure of operational test. No aircraft operator may use an individual to 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 aircraft operator's security program. (d) Annual proficiency review. Each individual assigned screening duties shall receive an annual evaluation. The aircraft operator must ensure that a Ground Security Coordinator conducts and documents an annual evaluation of each individual who performs screening functions. An individual who performs screening functions may not continue to perform such functions unless the evaluation demonstrates that the individual— (1) Continues to meet all qualifications and standards required to perform a screening function; (2) Has a satisfactory record of performance and attention to duty based on the standards and requirements in the aircraft operator's security program; and (3) Demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform screening functions.
Title 49: Transportation
PART 1544—AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND COMMERCIAL OPERATORS
Subpart E—Screener Qualifications When the Aircraft Operator Performs Screening
§ 1544.401 Applicability of this subpart.
§ 1544.403 Current screeners.
§ 1544.405 New screeners: Qualifications of screening personnel.
§ 1544.407 New screeners: Training, testing, and knowledge of individuals who perform screening functions.
§ 1544.409 New screeners: Integrity of screener tests.
§ 1544.411 New screeners: Continuing qualifications for screening personnel.
