49 U.S.C. § 40130 — FAA authority to conduct criminal history record checks

(a) Criminal History Background Checks. (1) Access to information. The FAA Administrator can, only for the FAA's certification decisions, (A) run a criminal history background check on an airman through FBI and state criminal record systems, by submitting the airman's fingerprints in line with the National Crime Prevention and Privacy Compact Act, and (B) receive the relevant criminal history results. (2) Release of information. When accessing these records, the Administrator must follow the same rules the Justice Department or the state sets for other agencies doing background checks for non-criminal purposes. (3) Limitation. The Administrator cannot use this power to run criminal investigations. (4) Reimbursement. The Administrator can collect fees to cover the cost of these fingerprint checks, including FBI fees. (b) Designated Employees. The Administrator must formally name which FAA employees can carry out these background checks.