[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1544.409]

[Page 347-348]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF 
                            HOMELAND SECURITY
 
PART 1544_AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND COMMERCIAL 
OPERATORS--Table of Contents
 
 Subpart E_Screener Qualifications When the Aircraft Operator Performs 
                                Screening
 
Sec. 1544.409  New screeners: Integrity of screener tests.

    (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.

[[Page 348]]

    (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 Sec. 
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.