359 

Transportation Security Administration, DHS 

§ 1544.229 

(i) Within 30 days after being advised 

that the criminal record received from 
the FBI discloses a disqualifying crimi-
nal offense, the individual must notify 
the aircraft operator in writing of his 
or her intent to correct any informa-
tion he or she believes to be inac-
curate. The aircraft operator must ob-
tain a copy, or accept a copy from the 
individual, of the revised FBI record or 
a certified true copy of the information 
from the appropriate court, prior to au-
thority to perform a covered function. 

(ii) If no notification, as described in 

paragraph (h)(1) of this section, is re-
ceived within 30 days, the aircraft oper-
ator may make a final determination 
to deny authority to perform a covered 
function. 

(2) For an individual with unescorted 

access authority or authority to per-
form screening functions before De-
cember 6, 2001; or an individual with 
authority to perform checked baggage 
or cargo functions before February 17, 
2002; the following applies: Within 30 
days after being advised of suspension 
because the criminal record received 
from the FBI discloses a disqualifying 
criminal offense, the individual must 
notify the aircraft operator in writing 
of his or her intent to correct any in-
formation he or she believes to be inac-
curate. The aircraft operator must ob-
tain a copy, or accept a copy from the 
individual, of the revised FBI record, or 
a certified true copy of the information 
from the appropriate court, prior to re-
instating authority to perform a cov-
ered function. 

(j) 

Limits on dissemination of results. 

Criminal record information provided 
by the FBI may be used only to carry 
out this section and § 1542.209 of this 
chapter. No person may disseminate 
the results of a CHRC to anyone other 
than: 

(1) The individual to whom the record 

pertains, or that individual’s author-
ized representative. 

(2) Officials of airport operators who 

are determining whether to grant 
unescorted access to the individual 
under part 1542 of this chapter when 
the determination is not based on the 
aircraft operator’s certification under 
§ 1542.209(n) of this chapter. 

(3) Other aircraft operators who are 

determining whether to grant author-

ity to perform a covered function under 
this part. 

(4) Others designated by TSA. 
(k) 

Recordkeeping. 

The aircraft oper-

ator must maintain the following in-
formation. 

(1) 

Investigation conducted before De-

cember 6, 2001. 

The aircraft operator 

must maintain and control the access 
or employment history investigation 
files, including the criminal history 
records results portion, for investiga-
tions conducted before December 6, 
2001. 

(2) 

Fingerprint application process on or 

after December 6, 2001. 

The aircraft oper-

ator must physically maintain, con-
trol, and, as appropriate, destroy the 
fingerprint application and the crimi-
nal record. Only direct aircraft oper-
ator employees may carry out the re-
sponsibility for maintaining, control-
ling, and destroying criminal records. 

(3) 

Protection of records—all investiga-

tions. 

The records required by this sec-

tion must be maintained in a manner 
that is acceptable to TSA and in a 
manner that protects the confiden-
tiality of the individual. 

(4) 

Duration—all investigations. 

The 

records identified in this section with 
regard to an individual must be main-
tained until 180 days after the termi-
nation of the individual’s authority to 
perform a covered function. When files 
are no longer maintained, the criminal 
record must be destroyed. 

(l) 

Continuing responsibilities. 

(1) Each 

individual with unescorted access au-
thority or the authority to perform 
screening functions on December 6, 
2001, who had a disqualifying criminal 
offense in paragraph (d) of this section 
on or after December 6, 1991, must, by 
January 7, 2002, report the conviction 
to the aircraft operator and surrender 
the SIDA access medium to the issuer 
and cease performing screening func-
tions, as applicable. 

(2) Each individual with authority to 

perform a covered function who has a 
disqualifying criminal offense must re-
port the offense to the aircraft oper-
ator and surrender the SIDA access 
medium to the issuer within 24 hours of 
the conviction or the finding of not 
guilty by reason of insanity. 

(3) If information becomes available 

to the aircraft operator indicating that 

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