Pmangrum on DSK3GMQ082PROD with CFR

Transportation Security Administration, DHS
(i) Within 30 days after being advised
that 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 information he or she believes to be inaccurate. The aircraft operator must obtain 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 authority to perform a covered function.
(ii) If no notification, as described in
paragraph (h)(1) of this section, is received within 30 days, the aircraft operator may make a final determination
to deny authority to perform a covered
function.
(2) For an individual with unescorted
access authority or authority to perform screening functions before December 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 information he or she believes to be inaccurate. The aircraft operator must obtain 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 reinstating authority to perform a covered function.
(j) Limits on dissemination of results.
Criminal record information provided
by the FBI may be used only to carry
out this section and Section 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 authorized 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
Section 1542.209(n) of this chapter.
(3) Other aircraft operators who are
determining whether to grant author-

Section 1544.229

ity to perform a covered function under
this part.
(4) Others designated by TSA.
(k) Recordkeeping. The aircraft operator must maintain the following information.
(1) Investigation conducted before December 6, 2001. The aircraft operator
must maintain and control the access
or employment history investigation
files, including the criminal history
records results portion, for investigations conducted before December 6,
2001.
(2) Fingerprint application process on or
after December 6, 2001. The aircraft operator must physically maintain, control, and, as appropriate, destroy the
fingerprint application and the criminal record. Only direct aircraft operator employees may carry out the responsibility for maintaining, controlling, and destroying criminal records.
(3) Protection of records - all investigations. The records required by this section must be maintained in a manner
that is acceptable to TSA and in a
manner that protects the confidentiality of the individual.
(4) Duration - all investigations. The
records identified in this section with
regard to an individual must be maintained until 180 days after the termination 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 authority 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 functions, as applicable.
(2) Each individual with authority to
perform a covered function who has a
disqualifying criminal offense must report the offense to the aircraft operator 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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