110 STAT. 3252 PUBLIC LAW 104-264—OCT. 9, 1996 49 USC 44936 note. 49 USC 44901 note. "(i) an employment investigation reveals a gap in employ- ment 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)(l)(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)(l)(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. SEC. 305. INTERIM DEPLOYMENT OF COMMERCIALLY AVAILABLE EXPLOSIVE DETECTION EQUIPMENT. (a) IN GENERAL. —Section 44913(a) is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: "(3) Until such time as the Administrator determines that equipment certified under paragraph (1) is commercially available and has successfully completed operational testing as provided in paragraph (1), the Administrator shall facilitate the deplo3anent of such approved commercially available explosive detection devices as the Administrator determines will enhance aviation security significantly. The Administrator shall require that equipment deployed under this paragraph be replaced by equipment certified under paragraph (1) when equipment certified under paragraph (1) becomes commercially available. The Administrator is authorized, based on operational considerations at individual airports, to waive the required installation of commercially available equipment under paragraph (1) in the interests of aviation security. The Administrator may permit the requirements of this paragraph to be met at airports by the deplojment of dogs or other appropriate animals to supplement equipment for screening passengers, baggage, mail, or cargo for explosives or weapons.". (b) AGREEMENTS. — The Administrator is authorized to use noncompetitive or cooperative agreements with air carriers and airport authorities that provide for the Administrator to purchase and assist in installing advanced security equipment for the use of such entities. SEC. 306. AUDIT OF PERFORMANCE OF BACKGROUND CHECKS FOR CERTAIN PERSONNEL. Section 44936(a) is amended by adding at the end the following: "(3) The Administrator shall provide for the periodic audit of the effectiveness of criminal history record checks conducted under paragraph (1) of this subsection.".
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