Page:United States Statutes at Large Volume 114 Part 1.djvu/176

 114 STAT. 140 PUBLIC LAW 106-181—APR. 5, 2000 SEC. 507. TRANSPORTING OF HAZARDOUS MATERIAL. Section 46312 is amended— (1) by inserting "(a) IN GENERAL. —" before "A person"; and (2) by adding at the end the following: "(b) KNOWLEDGE OF REGULATIONS.—For purposes of subsection (a), knowledge by the person of the existence of a regulation or requirement related to the transportation of hazardous material prescribed by the Secretary under this part is not an element of an offense under this section but shall be considered in mitigation of the penalty.". SEC. 508. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS. (a) FLEXIBILITY TO PERFORM CRIMINAL HISTORY RECORD CHECKS. —Section 44936(a)(1)(C) is amended— (1) in clause (iii) by striking "or"; (2) in clause (iv) by striking the period at the end and inserting "; or"; and (3) by adding at the end the following: "(v) the Administrator decides it is necessary to ensure air transportation security with respect to passenger, baggage, or property screening at airports.". (b) RECORDS OF EMPLOYMENT OF PILOT APPLICANTS. —Section 44936(f) is amended— (1) in paragraph (1)(B) by inserting "(except a branch of the United States Armed Forces, the National Guard, or a reserve component of the United States Armed Forces)" after "person" the first place it appears; (2) in paragraph (l)(B)(ii) by striking "individual" the first place it appears and inserting "individual's performance as a pilot"; (3) in paragraph (5) by striking the period at the end of the first sentence and inserting "; except that, for purposes of paragraph (15), the Administrator may allow an individual designated by the Administrator to accept and maintain written consent on behalf of the Administrator for records requested under paragraph (1)(A)."; (4) in paragraph (13)— (A) by striking "may" and inserting "shall"; and (B) before the semicolon in subparagraph (A)(i) insert "and disseminated under paragraph (15)"; (5) in paragraph (14)(B) by inserting "or from a foreign government or entity that employed the individual" after "exists"; and (6) by adding at the end the following: "(15) ELECTRONIC ACCESS TO FAA RECORDS. —For the purpose of increasing timely and efficient access to Federal Aviation Administration records described in paragraph (1), the Administrator may allow, under terms established by the Administrator, an individual designated by the air carrier to have electronic access to a specified database containing information about such records. The terms shall limit such access to instances in which information in the database is required by the designated individual in making a hiring decision concerning a pilot applicant and shall require that the designated individual provide assurances satisfactory to the Administrator that information obtained using such access will

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