49 U.S.C. § 44936 — Employment investigations and restrictions

(a) Employment investigation requirement. The Administrator must issue regulations requiring an employment investigation for each person employed in, or applying for, a security-screener position under section 44935(e), or a position that gives the person unescorted access—or lets the person give others unescorted access—to an air carrier's or foreign air carrier's aircraft, or to a secured area of a United States airport that the Administrator designates and that serves an air carrier or foreign air carrier. The investigation must include a criminal history record check and a review of available law-enforcement databases and records of other government and international agencies, to the extent the Administrator decides is practicable.

The Administrator must also require an employment investigation for people responsible for screening passengers or property under section 44901; their supervisors; people who regularly have escorted access to an air carrier's or foreign air carrier's aircraft or to a designated secured airport area; and other people who perform security functions involving baggage or cargo when the Administrator decides a check is needed for air-transportation security. An investigation, including a criminal history record check, is not required for a person exempted under section 107.31(m)(1) or (2) of title 14 of the Code of Federal Regulations as that provision existed on November 22, 2000. The Administrator must work with the International Civil Aviation Organization and appropriate foreign authorities to make sure those exempted people do not threaten aviation or national security. An air carrier, foreign air carrier, airport operator, or government that employs, authorizes, or contracts for someone in one of these positions must ensure that the required investigation is conducted. The Administrator must periodically audit how effective the criminal history record checks are.

(b) Prohibited employment. Except as provided in paragraph (3), an air carrier, foreign air carrier, airport operator, or government may not employ, authorize, or contract for a person in a position described in subsection (a)(1) if the required investigation has not been conducted, or if the investigation shows that, during the 10 years ending on the investigation date, the person was convicted—or found not guilty by reason of insanity—of a crime listed in this subsection. The listed crimes are: a crime referred to in sections 46306, 46308, 46312, 46314, or 46315 or chapter 465 of this title, or section 32 of title 18; murder; assault with intent to murder; espionage; sedition; treason; rape; kidnapping; unlawful possession, sale, distribution, or manufacture of an explosive or weapon; extortion; armed or felony unarmed robbery; distribution of, or intent to distribute, a controlled substance; a felony involving a threat; or a felony involving willful destruction of property, importation or manufacture of a controlled substance, burglary, theft, dishonesty, fraud, or misrepresentation, possession or distribution of stolen property, aggravated assault, bribery, or illegal possession of a controlled substance punishable by a maximum prison term of more than 1 year. The list also includes any other felony that the Administrator determines shows a tendency to place contraband aboard an aircraft in return for money, and conspiracy to commit any of the acts listed above. The Administrator may identify other factors that are enough to prohibit employment in one of these positions. An air carrier, foreign air carrier, airport operator, or government may employ or contract for such a person without carrying out the required investigation if the Administrator approves an employment plan providing alternative security arrangements.

(c) Fingerprinting and record-check information. If the Administrator requires an identification and criminal history record check to be conducted by the Attorney General as part of an investigation, the Administrator must designate a person to obtain fingerprints and submit them to the Attorney General. The Attorney General may make the check's results available to a person designated by the Administrator. Before making either designation, the Administrator must consult the Attorney General. All federal agencies must cooperate in collecting and submitting fingerprints. The Administrator must issue regulations on taking fingerprints and on using information received from the Attorney General. Those rules must limit dissemination of the information and ensure that it is used only to carry out this section. If the check is conducted, the person investigated must receive a copy of any record received from the Attorney General and may complete and correct the information before a final employment decision based on the check.

(d) Fees and charges. The Administrator and the Attorney General must set reasonable fees and charges to pay the expenses of carrying out this section. The employer of the person investigated must pay the cost of that person's record check. Money collected under this section must be credited to the Treasury account from which the expenses were paid and is available to the Administrator and Attorney General for those expenses.

(e) When an investigation or record check is not required. This section does not require an investigation or record check when a foreign country's law prohibits it.

(f) Definition of Administrator. In this section, “Administrator” means the Administrator of the Transportation Security Administration.