628 
(3) PERIODIC ASSESSMENTS.—The Administrator shall make peri-
odic assessments to determine if there are dual-use items and inform 
security screening personnel of the existence of the items. 
(4) CURRENT LISTS OF DUAL-USE ITEMS.—Current lists of dual-use 
items shall be part of the ongoing training for screeners. 
(i) LIMITATION ON RIGHT TO STRIKE.—An individual who screens pas-
sengers or property, or both, at an airport under this section may not par-
ticipate in a strike, or assert the right to strike, against the person (includ-
ing a governmental entity) employing the individual to perform the screen-
ing. 
(j) UNIFORMS.—The Administrator shall require an individual who 
screens passengers and property under section 40911 of this title to be at-
tired while on duty in a uniform approved by the Administrator. 
(k) ACCESSIBILITY OF COMPUTER-BASED TRAINING FACILITIES.—The 
Administrator shall work with air carriers and airports to ensure that com-
puter-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. 
(l) SCREENER PERSONNEL.— 
(1) IMPROVING JOB PERFORMANCE.—The Administrator shall take 
such actions as may be necessary to improve the job performance of 
airport screening personnel. 
(2) AUTHORITY OF ADMINISTRATOR.— 
(A) IN GENERAL.—Except as provided in subparagraph (B), the 
Administrator may employ, appoint, discipline, terminate, and fix 
the compensation, terms, and conditions of employment of Federal 
service for the number of individuals the Administrator determines 
to be necessary to carry out the screening functions of the Admin-
istrator under section 40911 of this title. The Administrator shall 
establish levels of compensation and other benefits for the individ-
uals employed. 
(B) UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT 
RIGHTS.—In carrying out the functions authorized under subpara-
graph (A), the Administrator is subject to the provisions set forth 
in chapter 43 of title 38. 
§ 40954. Employment investigations and restrictions 
(a) EMPLOYMENT INVESTIGATION REQUIREMENT.— 
(1) IN GENERAL.— 
(A) EMPLOYEE COVERAGE.—The Administrator shall require by 
regulation that an employment investigation, including a criminal 
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history record check and a review of available law enforcement 
data bases and records of other governmental and international 
agencies, to the extent determined practicable by the Adminis-
trator, shall be conducted of each individual employed in, or apply-
ing for, a position as a security screener under section 40953(e) 
of this title or a position in which the individual has unescorted 
access, or may permit other individuals to have unescorted access, 
to— 
(i) aircraft of an air carrier or foreign air carrier; or 
(ii) a secured area of an airport in the United States the 
Administrator designates that serves an air carrier or foreign 
air carrier. 
(B) FURTHER COVERAGE.—The Administrator shall require by 
regulation that an employment investigation (including a criminal 
history record check and a review of available law enforcement 
data bases and records of other governmental and international 
agencies, to the extent determined practicable by the Adminis-
trator) be conducted for— 
(i) individuals who are responsible for screening passengers 
or property under section 40911 of this title; 
(ii) supervisors of the individuals described in clause (i); 
(iii) individuals who regularly have escorted access to air-
craft of an air carrier or foreign air carrier or a secured area 
of an airport in the United States the Administrator des-
ignates that serves an air carrier or foreign air carrier; and 
(iv) other individuals who exercise security functions associ-
ated with baggage or cargo that the Administrator determines 
is necessary to ensure air transportation security. 
(C) EXEMPTION.—An employment investigation, including a 
criminal history record check, is not required under this subsection 
for an individual who is exempted under section 107.31(m)(1) or 
(2) of title 14, Code of Federal Regulations, as in effect on No-
vember 22, 2000. The Administrator shall work with the Inter-
national Civil Aviation Organization and with appropriate authori-
ties of foreign countries to ensure that individuals exempted under 
this subparagraph do not pose a threat to aviation or national se-
curity. 
(2) EMPLOYER ROLE.—An air carrier, foreign air carrier, airport op-
erator, or government that employs, or authorizes or makes a contract 
for the services of, an individual in a position described in paragraph 
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(1) shall ensure that the investigation the Administrator requires is 
conducted. 
(3) PERIODIC AUDITS.—The Administrator shall provide for the peri-
odic audit of the effectiveness of criminal history record checks con-
ducted under paragraph (1). 
(b) PROHIBITED EMPLOYMENT.— 
(1) IN GENERAL.—Except as provided in paragraph (3), an air car-
rier, foreign air carrier, airport operator, or government may not em-
ploy, or authorize or make a contract for the services of, an individual 
in a position described in subsection (a)(1) if— 
(A) the investigation of the individual required under this sec-
tion has not been conducted; or 
(B) the results of that investigation establish that, in the 10- 
year period ending on the date of the investigation, the individual 
was convicted (or found not guilty by reason of insanity) of— 
(i) a crime referred to in section 32 or 2744 or chapter 127 
of title 18 or section 46306, 46308, 46312, or 46315 of title 
49; 
(ii) murder; 
(iii) assault with intent to murder; 
(iv) espionage; 
(v) sedition; 
(vi) treason; 
(vii) rape; 
(viii) kidnapping; 
(ix) unlawful possession, sale, distribution, or manufacture 
of an explosive or weapon; 
(x) extortion; 
(xi) armed or felony unarmed robbery; 
(xii) distribution of, or intent to distribute, a controlled 
substance; 
(xiii) a felony involving a threat; 
(xiv) a felony involving— 
(I) willful destruction of property; 
(II) importation or manufacture of a controlled sub-
stance; 
(III) burglary; 
(IV) theft; 
(V) dishonesty, fraud, or misrepresentation; 
(VI) possession or distribution of stolen property; 
(VII) aggravated assault; 
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(VIII) bribery; and 
(IX) illegal possession of a controlled substance pun-
ishable by a maximum term of imprisonment of more 
than 1 year, or another crime classified as a felony that 
the Administrator determines indicates a propensity for 
placing contraband aboard an aircraft in return for 
money; or 
(xv) conspiracy to commit any of the acts referred to in 
clauses (i) through (xiv). 
(2) OTHER FACTORS.—The Administrator may specify other factors 
that are sufficient to prohibit the employment of an individual in a po-
sition described in subsection (a)(1). 
(3) ALTERNATE SECURITY ARRANGEMENTS.—An air carrier, foreign 
air carrier, airport operator, or government may employ, or authorize 
or contract for the services of, an individual in a position described in 
subsection (a)(1) without carrying out the investigation required under 
this section, if the Administrator approves a plan to employ the indi-
vidual that provides alternate security arrangements. 
(c) FINGERPRINTING AND RECORD CHECK INFORMATION.— 
(1) IN GENERAL.—If the Administrator requires an identification 
and criminal history record check, to be conducted by the Attorney 
General, as part of an investigation under this section, the Adminis-
trator shall designate an individual to obtain fingerprints and submit 
those fingerprints to the Attorney General. The Attorney General may 
make the results of a check available to an individual the Administrator 
designates. Before designating an individual to obtain and submit fin-
gerprints or receive results of a check, the Administrator shall consult 
with the Attorney General. All Federal agencies shall cooperate with 
the Administrator and the Administrator’s designee in the process of 
collecting and submitting fingerprints. 
(2) REGULATIONS.—The Administrator shall prescribe regulations 
on— 
(A) procedures for taking fingerprints; and 
(B) requirements for using information received from the Attor-
ney General under paragraph (1)— 
(i) to limit the dissemination of the information; and 
(ii) to ensure that the information is used only to carry out 
this section. 
(3) ACCESS TO INVESTIGATION.—If an identification and criminal 
history record check is conducted as part of an investigation of an indi-
vidual under this section, the individual— 
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