REQUIREMENT FOR CRIMINAL HISTORY RECORDS CHECKS.

SEC. 304. REQUIREMENT FOR CRIMINAL HISTORY RECORDS CHECKS. (a) In General.— Section 44936(a)(1) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by striking “(1)” and inserting “(1)(A)”; and (3) by adding at the end the following: “(B) The Administrator shall require by regulation that an employment investigation (including a criminal history record check in any case described in subparagraph (C)) be conducted for— “(i) individuals who will be responsible for screening passengers or property under section 44901 of this title; “(ii) supervisors of the individuals described in clause (i); and “(iii) such other individuals who exercise security functions associated with baggage or cargo, as the Administrator determines is necessary to ensure air transportation security. “(C) Under the regulations issued under subparagraph (B), a criminal history record check shall be conducted in any case in which— 110 STAT. 3252 “(i) an employment investigation reveals a gap in employment of 12 months or more that the individual who is the subject of the investigation does not satisfactorily account for; “(ii) such individual is unable to support statements made on the application of such individual; “(iii) there are significant inconsistencies in the information provided on the application of such individual; or “(iv) information becomes available during the employment investigation indicating a possible conviction for one of the crimes listed in subsection (b)(1)(B). “(D) If an individual requires a criminal history record check under subparagraph (C), the individual may be employed as a screener until the check is completed if the individual is subject to supervision.”. (b) Applicability.— The amendment made by subsection (a)(3) shall apply to individuals hired to perform functions described in section 44936(a)(1)(B) of title 49, United States Code, after the date of the enactment of this Act; except that the Administrator of the Federal Aviation Administration may, as the Administrator determines to be appropriate, require such employment investigations or criminal history records checks for individuals performing those functions on the date of the enactment of this Act.