Page:United States Statutes at Large Volume 110 Part 5.djvu/188

 110 STAT. 3262 PUBLIC LAW 104-264—OCT. 9, 1996 "(13) REGULATIONS.—The Administrator may prescribe such regulations as may be necessary— "(A) to protect— "(i) the personal privacy of any individual whose records are requested under paragraph (1); and "(ii) the confidentiality of those records; "(B) to preclude the further dissemination of records received under paragraph (1) by the person who requested those records; and "(C) to ensure prompt compliance with any request made under paragraph (1). "(g) LIMITATION ON LIABILITY; PREEMPTION OF STATE LAW. — "(1) LIMITATION ON LIABILITY. —NO action or proceeding may be brought by or on behalf of an individual who has applied for or is seeking a position with an air carrier as a pilot and who has signed a release from liability, as provided for under paragraph (2), against— "(A) the air carrier requesting the records of that individual under subsection (0(1); "(B) a person who has complied with such request; "(C) a person who has entered information contained in the individual's records; or "(D) an agent or employee of a person described in subparagraph (A) or (B); in the nature of an action for defamation, invasion of privacy, negligence, interference with contract, or otherwise, or under any Federal or State law with respect to the furnishing or use of such records in accordance with subsection (f). "(2) PREEMPTION.— No State or political subdivision thereof may enact, prescribe, issue, continue in effect, or enforce any law (including any regulation, standard, or other provision having the force and effect of law) that prohibits, penaUzes, or imposes liability for furnishing or using records in accordance with subsection (f). "(3) PROVISION OF KNOWINGLY FALSE INFORMATION.— Paragraphs (1) and (2) shall not apply with respect to a person who furnishes information in response to a request made under subsection (f)(1), that— "(A) the person knows is false; and "(B) was maintained in violation of a criminal statute of the United States. "(h) LIMITATION ON STATUTORY CONSTRUCTION. —Nothing in subsection (f) shall be construed as precluding the availability of the records of a pilot in an investigation or other proceeding concerning an accident or incident conducted by the Administrator, the National Transportation Safety Board, or a court.". (b) CONFORMING AMENDMENTS. —Section 30305(b) is amended— (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following: "(7) An individual who is seeking employment by an air carrier as a pilot may request the chief driver licensing official of a State to provide information about the individual under paragraph (2) to the prospective employer of the individual or to the Secretary of Transportation. Information may not be obtained from the National Driver Register under this subsection if the information was entered in the Register more than 5 years before the request unless the information is about

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