Page:United States Statutes at Large Volume 124.djvu/2381

 124 STAT. 2355 PUBLIC LAW 111–216—AUG. 1, 2010 ‘‘(V) such information as the Administrator determines necessary, if withholding the informa- tion would not be consistent with the safety responsibilities of the Federal Aviation Adminis- tration. ‘‘(10) PERIODIC REVIEW.—Not later than 18 months after the date of enactment of this paragraph, and at least once every 3 years thereafter, the Administrator shall transmit to Congress a statement that contains, taking into account recent developments in the aviation industry— ‘‘(A) recommendations by the Administrator concerning proposed changes to Federal Aviation Administration records, air carrier records, and other records required to be included in the database under paragraph (2); or ‘‘(B) reasons why the Administrator does not rec- ommend any proposed changes to the records referred to in subparagraph (A). ‘‘(11) REGULATIONS FOR PROTECTION AND SECURITY OF RECORDS.—The Administrator shall prescribe such regulations as may be necessary— ‘‘(A) to protect and secure— ‘‘(i) the personal privacy of any individual whose records are accessed under paragraph (1); and ‘‘(ii) the confidentiality of those records; and ‘‘(B) to preclude the further dissemination of records received under paragraph (1) by the person who accessed the records. ‘‘(12) GOOD FAITH EXCEPTION.—Notwithstanding paragraph (1), an air carrier may allow an individual to begin service as a pilot, without first obtaining information described in paragraph (2)(B) from the database pertaining to the individual, if— ‘‘(A) the air carrier has made a documented good faith attempt to access the information from the database; and ‘‘(B) the air carrier has received written notice from the Administrator that the information is not contained in the database because the individual was employed by an air carrier or other person that no longer exists or by a foreign government or other entity that has not pro- vided the information to the database. ‘‘(13) LIMITATIONS ON ELECTRONIC ACCESS TO RECORDS.— ‘‘(A) ACCESS BY INDIVIDUALS DESIGNATED BY AIR CAR- RIERS.—For the purpose of increasing timely and efficient access to records described in paragraph (2), the Adminis- trator may allow, under terms established by the Adminis- trator, an individual designated by an air carrier to have electronic access to the database. ‘‘(B) TERMS.—The terms established by the Adminis- trator under subparagraph (A) for allowing a designated individual to have electronic access to the database shall limit such access to instances in which information in the database is required by the designated individual in making a hiring decision concerning a pilot applicant and shall require that the designated individual provide assur- ances satisfactory to the Administrator that— Deadlines. Statement.