Page:United States Statutes at Large Volume 104 Part 4.djvu/757

 PUBLIC LAW 101-604—NOV. 16, 1990 104 STAT. 3073 "(3) EMPLOYMENT RESTRICTIONS.— "(A) IN GENERAL.— Except as provided in subparagraph (B), an air carrier, foreign air carrier, or airport operator shall not employ, or authorize or contract for the services of, any individual in a position described in paragraph (l)(B),if - "(i) such individual has not been subject to an employment investigation required under paragraph (l)(A);or "(ii) the results of such investigation establish that such individual in the 10-year period ending on the date of such investigation has been convicted in any jurisdiction of a crime set forth in section 902 Qy), (c), (h), (i), (j), (k), (1), (m), (n), (q), or (r); a crime set forth in section 32 of title 18, United States Code; murder; assault with intent to murder; espionage; sedition; treason; rape; kidnapping; unlawful possession, sale, distribution, or manufacture of an explosive or weapon; extortion; armed robbery; distribution of, or intent to distribute, a controlled substance; or conspiracy to commit any of the aforementioned criminal acts. The Administrator may specify other factors which the Administrator determines to be sufficient to make an individual ineligible for employment in a position described in paragraph (I)(B). "(B) EXCEPTION.— It shall not be a violation of subparagraph (A) for an air carrier, foreign air carrier, or airport operator to employ, or authorize or contract for employ- ment of, an individual in a position described in paragraph (I)(B) who has not been subject to an employment investigation required by paragraph (I)(A), if the employment of such individual is carried out pursuant to a plan approved by the Administrator which provides alternate security arrangements. "(4) LIMITATION ON STATUTORY CONSTRUCTION. —Nothing in this subsection shall be construed as requiring investigations or record checks where such investigations or record checks are prohibited by applicable laws of a foreign government. "(5) FEES AND CHARGES. —The Administrator and the Attorney General shall establish reasonable fees and charges to cover expenses incurred in carrying out this subsection. The amount of fees collected under this paragraph shall be credited to the accounts in the Treasury from which such expenses were incurred and shall be available to the Administrator and the Attorney General for paying expenses for which such fees are collected. "(h) EMPLOYMENT STANDARDS. — Not later than 270 days after the date of the enactment of this subsection, the Administrator shall prescribe standards for the hiring, continued employment, and contracting of air carrier and, as appropriate, airport security personnel. Such standards shall include— "(1) minimum training requirements for new employees; "(2) retraining requirements; "(3) minimum staffing levels; "(4) minimum language skills; and "(5) minimum education levels for employees, as appropriate.

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