Page:United States Statutes at Large Volume 110 Part 5.djvu/186

 110 STAT. 3260 PUBLIC LAW 104-264—OCT. 9, 1996 "(ii) other records pertaining to the individual that are maintained by the air carrier or person concerning— "(I) the training, qualifications, proficiency, or professional competence of the individual, including comments and evaluations made by a check airman designated in accordance witii section 121.411, 125.295, or 135.337 of such title; "(II) any disciplinary action taken with respect to the individual that was not subsequently overturned; and "(III) any release from employment or resignation, termination, or disqualification with respect to employment. "(C) NATIONAL DRIVER REGISTER RECORDS. —In accordance with section 30305(b)(7), from the chief driver licensing official of a State, information concerning the motor vehicle driving record of the individual. "(2) WRITTEN CONSENT; RELEASE FROM LIABILITY. — An air carrier making a request for records under paragraph (1)— "(A) shall be required to obtain written consent to the release of those records from the individual that is the subject of the records requested; and "(B) may, notwithstanding any other provision of law or agreement to the contrary, require the individual who is the subject of the records to request to execute a release from Hability for any claim arising from the fiimishing of such records to or the use of such records by such air carrier (other than a claim arising from fiimishing information known to be false and medntained in violation of a criminal statute). "(3) 5-YEAR REPORTING PERIOD. —A person shall not furnish a record in response to a request made under paragraph (1) if the record was entered more than 5 years before the date of the request, unless the information concerns a revocation or suspension of an airman certificate or motor vehicle license that is in effect on the date of the request. " (4) REQUIREMENT TO MAINTAIN RECORDS.— The Administrator shall maintain pilot records described in paragraph (1)(A) for a period of at least 5 years. " (5) RECEIPT OF CONSENT; PROVISION OF INFORMATION. — A person shall not furnish a record in response to a request made under paragraph (1) without first obtedning a copy of the written consent of the individual who is the subject of the records requested. A person who receives a request for records under this paragraph shall furnish a copy of all of such requested records maintained by the person not later than 30 days after receiving the request. " (6) RIGHT TO RECEIVE NOTICE AND COPY OF ANY RECORD FURNISHED.—^A person who receives a request for records under paragraph (1) shall provide to the individual who is the subject of the records— "(A) on or before the 20tii day following the date of receipt of the request, written notice of the request and of the individual's right to receive a copy of such records; and

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