Page:United States Statutes at Large Volume 104 Part 4.djvu/756

 104 STAT. 3072 Regulations. Classified information. PUBLIC LAW 101-604—NOV. 16, 1990 "(A) IN GENERAL. — In order to ensure the security of aircraft and their passengers, crew, and cargo, the Administrator shall issue regulations to require individuals employed in, and individuals applying for, positions described in subparagraph (B) to be subjected to such employment investigations, including criminal history record check, as the Administrator determines necessary to ensure air transportation security. "(B) INDIVIDUALS SUBJECT TO EMPLOYMENT INVESTIGA- TIONS. —An individual shall be subject to an employment investigation under subparagraph (A) if such individual is employed in, or is applying for, a position in which such individual has unescorted access, or may authorize others to have unescorted access, to air carrier or foreign air carrier aircraft, or to secured areas (designated by the Administrator) of United States airports serving air carriers or foreign air carriers. "(C) REQUIREMENTS OF AIR CARRIERS AND AIRPORT OPERA- TORS. —Any air carrier, foreign air carrier, or airport operator who employs an individual in a position described in subparagraph (B), or authorizes or contracts for the services of such individual, shall take such actions as may be necessary to ensure that any employment investigation required by the Administrator under subparagraph (A) is performed. '(2) CRIMINAL HISTORY RECORDS CHECK.— "(A) IN GENERAL. — If, as part of an employment investigation under paragraph (1)(A), the Administrator requires an identification and criminal history record check of an individual in a position described in paragraph (1)(B) to be conducted by the Attorney General, the Administrator (after consultation with the Attorney General) shall designate persons to obtain and transmit fingerprints to the Attorney General. The costs of any such check shall be paid by the employer of such individual. The Attorney General may for the purposes of this subsection make available the results of any such check to persons designated by the Administrator, after consultation with the Attorney General. "(B) REGULATIONS. — For purposes of administering this subsection, the Administrator shall prescribe regulations to— "(i) implement procedures for taking fingerprints; and "(ii) establish requirements for use of information received from the Attorney General under this subsection in order to limit the dissemination of such information and ensure that such information is used solely for the purposes of this subsection. "(C) CORRECTION OF CHECK INFORMATION. — An individual who, as part of an employment investigation under paragraph (1)(A), is subject to an identification and criminal history records check shall be provided a copy of any record received from the Attorney General and shall have the right to complete and correct the information contained in such check before any final employment decision is made on account of such check.

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