§40130 — Title 49 Transportation | U.S. Code

Summary

The FAA Administrator may run fingerprint-based criminal background checks of an airman for FAA certification only. To do that, the Administrator can send positive ID fingerprints to FBI and State criminal repositories under section 217 of the National Crime Prevention and Privacy Compact Act of 1998 (34 U.S.C. 40316) and receive any relevant criminal history the repositories provide. When using those databases, the FAA must follow the rules the Department of Justice or the State sets for noncriminal-justice background checks. The Administrator may not use this power to investigate crimes. The FAA may charge fees to cover costs, including FBI fees, and must officially name which employees may perform these checks.

Title 49, §40130

Transportation — Source: USLM XML via OLRC

(a)(1)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); and

(B)to receive relevant criminal history record information regarding the airman checked.

(2)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)The Administrator may not use the authority under paragraph (1) to conduct criminal investigations.

(4)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)The Administrator shall designate, by order, employees of the Administration who may carry out the authority described in subsection (a).

Editorial Notes

Amendments

2024—Subsec. (a)(1)(A). Pub. L. 118–63 substituted “(34 U.S.C. 40316)” for “(42 U.S.C. 14616)”.

§40130 FAA authority to conduct criminal history record checks

Summary

Title 49, §40130

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata