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49 U.S.C. § 40130 — FAA authority to conduct criminal history record checks
Federal law — U.S. Code and appendices · legal_authorities
**(a) Criminal History Background Checks.—**
(1) **Access to information.—** — The Administrator of the Federal Aviation Administration, for certification purposes of the Administration only, is authorized—
(A) to conduct, in accordance with the established request process, a criminal history background check of an airman in the criminal repositories of the Federal Bureau of Investigation and States by submitting positive identification of the airman to a fingerprint-based repository in compliance with section 217 of the National Crime Prevention and Privacy Compact Act of 1998 ([34 U.S.C. 40316](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40316&num=0&edition=prelim)); and
(B) to receive relevant criminal history record information regarding the airman checked.
(2) **Release of information.—** — In accessing a repository referred to in paragraph (1), the Administrator shall be subject to the conditions and procedures established by the Department of Justice or the State, as appropriate, for other governmental agencies conducting background checks for noncriminal justice purposes.
(3) **Limitation.—** — The Administrator may not use the authority under paragraph (1) to conduct criminal investigations.
(4) **Reimbursement.—** — The Administrator may collect reimbursement to process the fingerprint-based checks under this subsection, to be used for expenses incurred, including Federal Bureau of Investigation fees, in providing these services.
**(b) Designated Employees.—** The Administrator shall designate, by order, employees of the Administration who may carry out the authority described in subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40130
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Stable record: federal_law:legal_authorities:record_usc_37c4b825a649a872dcb37d96
Source file: Laws/federal/codes/united-states-code/title-49/section-40130-faa-authority-to-conduct-criminal-history-record-checks--4ffef5bbda.md
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Source location: Title 49, Chapter 401, § 40130; chapter-401-general-provisions.md
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**(a) Criminal History Background Checks.—**
(1) **Access to information.—** — The Administrator of the Federal Aviation Administration, for certification purposes of the Administration only, is authorized—
(A) to conduct, in accordance with the established request process, a criminal history background check of an airman in the criminal repositories of the Federal Bureau of Investigation and States by submitting positive identification of the airman to a fingerprint-based repository in compliance with section 217 of the National Crime Prevention and Privacy Compact Act of 1998 ([34 U.S.C. 40316](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40316&num=0&edition=prelim)); and
(B) to receive relevant criminal history record information regarding the airman checked.
(2) **Release of information.—** — In accessing a repository referred to in paragraph (1), the Administrator shall be subject to the conditions and procedures established by the Department of Justice or the State, as appropriate, for other governmental agencies conducting background checks for noncriminal justice purposes.
(3) **Limitation.—** — The Administrator may not use the authority under paragraph (1) to conduct criminal investigations.
(4) **Reimbursement.—** — The Administrator may collect reimbursement to process the fingerprint-based checks under this subsection, to be used for expenses incurred, including Federal Bureau of Investigation fees, in providing these services.
**(b) Designated Employees.—** The Administrator shall designate, by order, employees of the Administration who may carry out the authority described in subsection (a).
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Federal law — U.S. Code and appendices · legal_authorities
The Contracting Parties agree to the following:
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40316
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 14616 was editorially reclassified as [section 40316 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40316&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14616
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Federal law — U.S. Code and appendices · legal_authorities
Page 595
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 40316
1 See References in Text note below.
(b) Access to certain records not affected
Nothing in the Compact shall interfere in any
manner with—
(1) access, direct or otherwise, to records
pursuant to—
(A) section 9101 of title 5;
(B) the National Child Protection Act 1 [34
U.S.C. 40101 et seq.];
(C) the Brady Handgun Violence Preven-
tion Act (Public Law 103–159; 107 Stat. 1536);
(D) the Violent Crime Control and Law En-
forcement Act of 1994 (Public Law 103–322;
108 Stat. 2074) or any amendment made by
that Act;
(E) the United States Housing Act of 1937
(42 U.S.C. 1437 et seq.); or
(F) the Native American Housing Assist-
ance and Self-Determination Act of 1996 (25
U.S.C. 4101 et seq.); or
(2) any direct access to Federal criminal his-
tory records authorized by law.
(c) Authority of FBI under Departments of State,
Justice, and Commerce, the Judiciary, and
Related Agencies Appropriation Act, 1973
Nothing in the Compact shall be construed to
affect the authority of the FBI under the De-
partments of State, Justice, and Commerce, the
Judiciary, and Related Agencies Appropriation
Act, 1973 (Public Law 92–544 (86 Stat. 1115)).
(d) Chapter 10 of title 5
The Council shall not be considered to be a
Federal advisory committee for purposes of
chapter 10 of title 5.
(e) Members of Council not Federal officers or
employees
Members of the Council (other than a member
from the FBI or any at-large member who may
be a Federal official or employee) shall not, by
virtue of such membership, be deemed—
(1) to be, for any purpose other than to effect
the Compact, officers or employees of the
United States (as defined in sections 2104 and
2105 of title 5); or
(2) to become entitled by reason of Council
Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 40316
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Federal law — U.S. Code and appendices · legal_authorities
Page 1111
TITLE 49—TRANSPORTATION
§ 40130
(2) VIEWS.—The Administrator may obtain
the views of interested parties in issuing the
guidelines.
(d) EFFECT OF DETERMINATION OF EXISTENCE OF
CAPACITY REDUCTION EVENT.—Upon a determina-
tion by the Administrator that a capacity reduc-
tion event exists, the Administrator may au-
thorize air carriers and foreign air carriers oper-
ating at an airport participating in the pilot
program to communicate for a period of time
not to exceed 24 hours with each other con-
cerning changes in their respective flight sched-
ules in order to use air traffic capacity most ef-
fectively. The Administration shall facilitate
and monitor such communication. The Attorney
General, or the Attorney General’s designee,
may monitor such communication.
(e) SELECTION
OF PARTICIPATING AIRPORTS.—
Not later than 30 days after the date on which
the Administrator establishes the pilot pro-
gram, the Administrator shall select 2 airports
to participate in the pilot program from among
the most capacity-constrained airports in the
Nation based on the Administration’s Airport
Capacity Benchmark Report 2001 or more recent
data on airport capacity that is available to the
Administrator. The Administrator shall select
an airport for participation in the pilot program
if the Administrator determines that collabo-
rative decisionmaking among air carriers and
foreign air carriers would reduce delays at the
airport and have beneficial effects on reducing
delays in the national airspace system as a
whole.
(f) ELIGIBILITY OF AIR CARRIERS.—An air car-
rier or foreign air carrier operating at an airport
selected to participate in the pilot program is
eligible to participate in the pilot program if the
Administrator determines that the carrier has
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 40130
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.