EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS.

SEC. 138. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS. (a) In General.—Section 44936 of title 49, United States Code, is amended— (1) by inserting “and a review of available law enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the Under Secretary of Transportation for Transportation Security,” after “check” in subsection (a)(1)(A); (2) by striking “in any case described in subparagraph (C)” in subsection (a)(1)(B) and inserting “and a review of available law enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the Under Secretary of Transportation for Transportation Security”; (3) by striking “will be” in subsection (a)(1)(B)(i) and inserting “are”; (4) by striking “and” after the semicolon in clause (ii) of subsection (a)(1)(B); (5) by redesignating clause (iii) of subsection (a)(1)(B) as clause (iv); (6) by inserting after clause (ii) of subsection (a)(1)(B) the following: “(iii) individuals who regularly have escorted access to aircraft of an air carrier or foreign air carrier or a secured area of an airport in the United States the Administrator designates that serves an air carrier or foreign air carrier; and”; (7) by striking subparagraphs (C), (D), and (E) of subsection (a)(1) and redesignating subparagraph (F) as subparagraph (D); (8) by inserting after subparagraph (B) of subsection (a)(1) the following: “(C) Background checks of current employees.— “(i) A new background check (including a criminal history record check and a review of available law enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the Under Secretary of Transportation for Transportation Security shall be required for any individual who is employed in a position described in subparagraphs (A) and (B) on the date of enactment of the Aviation and Transportation Security Act. “(ii) The Under Secretary may provide by order (without regard to the provisions of chapter 5 of title 115 STAT. 640 5, United States Code) for a phased-in implementation of the requirements of this subparagraph.”; (9) by striking “107.31(m)” in subparagraph (D), as redesignated, and inserting “107.31(m)(l) or (2)”; (10) by striking “the date of enactment of this subparagraph.” in subparagraph (D), as redesignated, and inserting “November 22, 2000. The Under Secretary shall work with the International Civil Aviation Organization and with appropriate authorities of foreign countries to ensure that individuals exempted under this subparagraph do not pose a threat to aviation or national security.”; (11) by striking “carrier, or airport operator” in subsection (a)(2) and inserting “carrier, airport operator, or government”; (12) by striking “carrier, or airport operator” in subsection (b)(1) and inserting “carrier, airport operator, or government”; (13) by striking “carrier, or airport operator” in subsection (b)(3) and inserting “carrier, airport operator, or government”; and (14) by adding at the end of subsection (c)(1) “All Federal agencies shall cooperate with the Under Secretary and the Under Secretary’s designee in the process of collecting and submitting fingerprints.”. (b) Records of Employment of Pilot Applicants.—Part A of subtitle VII of title 49, United States Code, is amended— (1) by moving subsections (f), (g), and (h) of section 44936 from section 44936, inserting them at the end of section 44703, and redesignating them as subsections (h), (i), and (j), respectively; and (2) in subsections (i) and (j) of section 44703 (as moved to the end of section 44703 by paragraph (1) of this subsection), by striking “subsection (f)” each place it appears and inserting “subsection (h)”.