Page:United States Statutes at Large Volume 108 Part 2.djvu/503

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1219 (x) extortion; (xi) armed robbery; (xii) distribution of, or intent to distribute, a controlled substance; or (xiii) conspiracy to commit any of the acts referred to in clauses (i>-(xii) of this paragraph. (2) The Administrator may specify other factors that are sufficient to prohibit the employment of an individual in a position described in subsection (a)(1) of this section. (3) An air carrier, foreign air carrier, or airport operator may employ, or authorize or contract for the services of, an individual in a position described in subsection (a)(1) of this section without carrying out the investigation required under this section, if the Administrator approves a plan to employ the individual that provides alternate security arrangements. (c) FINGERPRINTING AND RECORD CHECK INFORMATION. —(1) If the Administrator requires an identification and criminal history record check, to be conducted by the Attorney General, as part of an investigation under this section, the Administrator shall designate an individual to obtain fingerprints and submit those fingerprints to the Attorney General. The Attorney General may make the results of a check available to an individual the Administrator designates. Before designating an individual to obtain and submit fingerprints or receive results of a check, the Administrator shall consult with the Attorney General. (2) The Administrator shall prescribe regulations on— Regulations. (A) procedures for taking fingerprints; and (B) requirements for using information received from the Attorney General under paragraph (1) of this subsection— (i) to limit the dissemination of the information; and (ii) to ensure that the information is used only to carry out this section. (3) If an identification and criminal history record check is conducted as part of an investigation of an individual under this section, the individual— (A) shall receive a copy of any record received from the Attorney General; and (B) may complete and correct the information contained in the check before a final employment decision is made based on the check. (d) FEES AND CHARGES.— The Administrator and the Attorney General shall establish reasonable fees and charges to pay expenses incurred in carrying out this section. The employer of the individual being investigated shall pay the costs of a record check of the individual. Money collected under this section shall be credited to the account in the Treasury from which the expenses were incurred and are available to the Administrator and the Attorney General for those expenses. (e) WHEN INVESTIGATION OR RECORD CHECK NOT REQUIRED. — This section does not require an investigation or record check when the investigation or record check is prohibited by a law of a foreign country. § 44937. Prohibition on transferring duties and powers Except as specifically provided by law, the Administrator of the Federal Aviation Administration may not transfer a duty or power under section 44903(a), (b), (c), or (e), 44906(a)(1) or (b).

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