HR 2247 — Airmen Certificate Accessibility Act

changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

 TITLE 49, UNITED STATES CODE

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SUBTITLE VII--AVIATION PROGRAMS

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PART A--AIR COMMERCE AND SAFETY

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SUBPART iii--SAFETY

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CHAPTER 447--SAFETY REGULATION

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Sec. 44703. Airman certificates

 (a) General.--The Administrator of the Federal Aviation 
Administration shall issue an airman certificate to an 
individual when the Administrator finds, after investigation, 
that the individual is qualified for, and physically able to 
perform the duties related to, the position to be authorized by 
the certificate.
 (b) Contents.--(1) An airman certificate shall--
 (A) be numbered and recorded by the Administrator of 
 the Federal Aviation Administration;
 (B) contain the name, address, and description of the 
 individual to whom the certificate is issued;
 (C) contain terms the Administrator decides are 
 necessary to ensure safety in air commerce, including 
 terms on the duration of the certificate, periodic or 
 special examinations, and tests of physical fitness;
 (D) specify the capacity in which the holder of the 
 certificate may serve as an airman with respect to an 
 aircraft; and
 (E) designate the class the certificate covers.
 (2) A certificate issued to a pilot serving in scheduled air 
transportation shall have the designation ``airline transport 
pilot'' of the appropriate class.
 (c) Public Information.--
 (1) In general.--Subject to paragraph (2) and 
 notwithstanding any other provision of law, the 
 information contained in the records of contents of any 
 airman certificate issued under this section that is 
 limited to an airman's name, address, and ratings held 
 shall be made available to the public after the 120th 
 day following the date of the enactment of the Wendell 
 H. Ford Aviation Investment and Reform Act for the 21st 
 Century.
 (2) Opportunity to withhold information.--Before 
 making any information concerning an airman available 
 to the public under paragraph (1), the airman shall be 
 given an opportunity to elect that the information not 
 be made available to the public.
 (3) Development and implementation of program.--Not 
 later than 60 days after the date of the enactment of 
 the Wendell H. Ford Aviation Investment and Reform Act 
 for the 21st Century, the Administrator shall develop 
 and implement, in cooperation with representatives of 
 the aviation industry, a one-time written notification 
 to airmen to set forth the implications of making 
 information concerning an airman available to the 
 public under paragraph (1) and to carry out paragraph 
 (2). The Administrator shall also provide such written 
 notification to each individual who becomes an airman 
 after such date of enactment.
 (d) Appeals.--(1) An individual whose application for the 
issuance or renewal of an airman certificate has been denied 
may appeal the denial to the National Transportation Safety 
Board, except if the individual holds a certificate that--
 (A) is suspended at the time of denial; or
 (B) was revoked within one year from the date of the 
 denial.
 (2) The Board shall conduct a hearing on the appeal at a 
place convenient to the place of residence or employment of the 
applicant. The Board is not bound by findings of fact of the 
Administrator of the Federal Aviation Administration. At the 
end of the hearing, the Board shall decide whether the 
individual meets the applicable regulations and standards. The 
Administrator is bound by that decision.
 (3) A person who is substantially affected by an order of the 
Board under this subsection, or the Administrator if the 
Administrator decides that an order of the Board will have a 
significant adverse impact on carrying out this subtitle, may 
seek judicial review of the order under section 46110. The 
Administrator shall be made a party to the judicial review 
proceedings. The findings of fact of the Board in any such case 
are conclusive if supported by substantial evidence.
 (e) Restrictions and Prohibitions.--The Administrator of the 
Federal Aviation Administration may--
 (1) restrict or prohibit issuing an airman 
 certificate to an alien; or
 (2) make issuing the certificate to an alien 
 dependent on a reciprocal agreement with the government 
 of a foreign country.
 (f) Controlled Substance Violations.--The Administrator of 
the Federal Aviation Administration may not issue an airman 
certificate to an individual whose certificate is revoked under 
section 44710 of this title except--
 (1) when the Administrator decides that issuing the 
 certificate will facilitate law enforcement efforts; 
 and
 (2) as provided in section 44710(e)(2) of this title.
 (g) Modifications in System.--(1) The Administrator of the 
Federal Aviation Administration shall make modifications in the 
system for issuing airman certificates necessary to make the 
system more effective in serving the needs of airmen and 
officials responsible for enforcing laws related to the 
regulation of controlled substances (as defined in section 102 
of the Comprehensive Drug Abuse Prevention and Control Act of 
1970 (21 U.S.C. 802)) and related to combating acts of 
terrorism. The modifications shall ensure positive and 
verifiable identification of each individual applying for or 
holding a certificate and shall address at least each of the 
following deficiencies in, and abuses of, the existing system:
 (A) the use of fictitious names and addresses by 
 applicants for those certificates.
 (B) the use of stolen or fraudulent identification in 
 applying for those certificates.
 (C) the use by an applicant of a post office box or 
 ``mail drop'' as a return address to evade 
 identification of the applicant's address.
 (D) the use of counterfeit and stolen airman 
 certificates by pilots.
 (E) the absence of information about physical 
 characteristics of holders of those certificates.
 (2) The Administrator of the Federal Aviation Administration 
shall prescribe regulations to carry out paragraph (1) of this 
subsection and provide a written explanation of how the 
regulations address each of the deficiencies and abuses 
described in paragraph (1). In prescribing the regulations, the 
Administrator of the Federal Aviation Administration shall 
consult with the Administrator of Drug Enforcement, the 
Commissioner of U.S. Customs and Border Protection, other law 
enforcement officials of the United States Government, 
representatives of State and local law enforcement officials, 
representatives of the general aviation aircraft industry, 
representatives of users of general aviation aircraft, and 
other interested persons.
 (3) For purposes of this section, the term ``acts of 
terrorism'' means an activity that involves a violent act or an 
act dangerous to human life that is a violation of the criminal 
laws of the United States or of any State, or that would be a 
criminal violation if committed within the jurisdiction of the 
United States or of any State, and appears to be intended to 
intimidate or coerce a civilian population to influence the 
policy of a government by intimidation or coercion or to affect 
the conduct of a government by assassination or kidnaping.
 (4) The Administrator is authorized and directed to work with 
State and local authorities, and other Federal agencies, to 
assist in the identification of individuals applying for or 
holding airmen certificates.
 (h) Records of Employment of Pilot Applicants.--
 (1) In general.--Subject to paragraph (14), before 
 allowing an individual to begin service as a pilot, an 
 air carrier shall request and receive the following 
 information:
 (A) FAA records.--From the Administrator of 
 the Federal Aviation Administration, records 
 pertaining to the individual that are 
 maintained by the Administrator concerning--
 (i) current airman certificates 
 (including airman medical certificates) 
 and associated type ratings, including 
 any limitations to those certificates 
 and ratings; and
 (ii) summaries of legal enforcement 
 actions resulting in a finding by the 
 Administrator of a violation of this 
 title or a regulation prescribed or 
 order issued under this title that was 
 not subsequently overturned.
 (B) Air carrier and other records.--From any 
 air carrier or other person (except a branch of 
 the United States Armed Forces, the National 
 Guard, or a reserve component of the United 
 States Armed Forces) that has employed the 
 individual as a pilot of a civil or public 
 aircraft at any time during the 5-year period 
 preceding the date of the employment 
 application of the individual, or from the 
 trustee in bankruptcy for such air carrier or 
 person--
 (i) records pertaining to the 
 individual that are maintained by an 
 air carrier (other than records 
 relating to flight time, duty time, or 
 rest time) under regulations set forth 
 in--
 (I) section 121.683 of title 
 14, Code of Federal 
 Regulations;
 (II) paragraph (A) of section 
 VI, appendix I, part 121 of 
 such title;
 (III) paragraph (A) of 
 section IV, appendix J, part 
 121 of such title;
 (IV) section 125.401 of such 
 title; and
 (V) section 135.63(a)(4) of 
 such title; and
 (ii) other records pertaining to the 
 individual's performance as a pilot 
 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 
 with 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)(8) of this 
 title, 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 
 liability for any claim arising from the 
 furnishing of such records to or the use of 
 such records by such air carrier (other than a 
 claim arising from furnishing information known 
 to be false and maintained 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 and air carriers shall maintain pilot 
 records described in paragraphs (1)(A) and (1)(B) 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 
 obtaining a copy of the written consent of the 
 individual who is the subject of the records requested; 
 except that, for purposes of paragraph (15), the 
 Administrator may allow an individual designated by the 
 Administrator to accept and maintain written consent on 
 behalf of the Administrator for records requested under 
 paragraph (1)(A). A person who receives a request for 
 records under this subsection 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 20th 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
 (B) in accordance with paragraph (10), a copy 
 of such records, if requested by the 
 individual.
 (7) Reasonable charges for processing requests and 
 furnishing copies.--A person who receives a request 
 under paragraph (1) or (6) may establish a reasonable 
 charge for the cost of processing the request and 
 furnishing copies of the requested records.
 (8) Standard forms.--The Administrator shall 
 promulgate--
 (A) standard forms that may be used by an air 
 carrier to request records under paragraph (1); 
 and
 (B) standard forms that may be used by an air 
 carrier to--
 (i) obtain the written consent of the 
 individual who is the subject of a 
 request under paragraph (1); and
 (ii) inform the individual of--
 (I) the request; and
 (II) the individual right of 
 that individual to receive a 
 copy of any records furnished 
 in response to the request.
 (9) Right to correct inaccuracies.--An air carrier 
 that maintains or requests and receives the records of 
 an individual under paragraph (1) shall provide the 
 individual with a reasonable opportunity to submit 
 written comments to correct any inaccuracies contained 
 in the records before making a final hiring decision 
 with respect to the individual.
 (10) Right of pilot to review certain records.--
 Notwithstanding any other provision of law or 
 agreement, an air carrier shall, upon written request 
 from a pilot who is or has been employed by such 
 carrier, make available, within a reasonable time, but 
 not later than 30 days after the date of the request, 
 to the pilot for review, any and all employment records 
 referred to in paragraph (1)(B)(i) or (ii) pertaining 
 to the employment of the pilot.
 (11) Privacy protections.--An air carrier that 
 receives the records of an individual under paragraph 
 (1) may use such records only to assess the 
 qualifications of the individual in deciding whether or 
 not to hire the individual as a pilot. The air carrier 
 shall take such actions as may be necessary to protect 
 the privacy of the pilot and the confidentiality of the 
 records, including ensuring that information contained 
 in the records is not divulged to any individual that 
 is not directly involved in the hiring decision.
 (12) Periodic review.--Not later than 18 months after 
 the date of the enactment of the Pilot Records 
 Improvement Act of 1996, 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 furnished 
 under subparagraphs (A) and (B) of paragraph 
 (1); or
 (B) reasons why the Administrator does not 
 recommend any proposed changes to the records 
 referred to in subparagraph (A).
 (13) Regulations.--The Administrator shall 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 disseminated 
 under paragraph (15); 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).
 (14) Special rules with respect to certain pilots.--
 (A) Pilots of certain small aircraft.--
 Notwithstanding paragraph (1), an air carrier, 
 before receiving information requested about an 
 individual under paragraph (1), may allow the 
 individual to begin service for a period not to 
 exceed 90 days as a pilot of an aircraft with a 
 maximum payload capacity (as defined in section 
 119.3 of title 14, Code of Federal Regulations) 
 of 7,500 pounds or less, or a helicopter, on a 
 flight that is not a scheduled operation (as 
 defined in such section). Before the end of the 
 90-day period, the air carrier shall obtain and 
 evaluate such information. The contract between 
 the carrier and the individual shall contain a 
 term that provides that the continuation of the 
 individual's employment, after the last day of 
 the 90-day period, depends on a satisfactory 
 evaluation.
 (B) Good faith exception.--Notwithstanding 
 paragraph (1), an air carrier, without 
 obtaining information about an individual under 
 paragraph (1)(B) from an air carrier or other 
 person that no longer exists or from a foreign 
 government or entity that employed the 
 individual, may allow the individual to begin 
 service as a pilot if the air carrier required 
 to request the information has made a 
 documented good faith attempt to obtain such 
 information.
 (15) Electronic access to faa records.--For the 
 purpose of increasing timely and efficient access to 
 Federal Aviation Administration records described in 
 paragraph (1), the Administrator may allow, under terms 
 established by the Administrator, an individual 
 designated by the air carrier to have electronic access 
 to a specified database containing information about 
 such records. The terms 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 
 assurances satisfactory to the Administrator that 
 information obtained using such access will not be used 
 for any purpose other than making the hiring decision.
 (16) Applicability.--This subsection shall cease to 
 be effective on the date specified in regulations 
 issued under subsection (i).
 (i) FAA Pilot Records Database.--
 (1) In general.--Before allowing an individual to 
 begin service as a pilot, an air carrier shall access 
 and evaluate, in accordance with the requirements of 
 this subsection, information pertaining to the 
 individual from the pilot records database established 
 under paragraph (2).
 (2) Pilot records database.--Not later than April 30, 
 2017, the Administrator shall establish and make 
 available for use an electronic database (in this 
 subsection referred to as the ``database'') containing 
 the following records:
 (A) FAA records.--From the Administrator--
 (i) records that are maintained by 
 the Administrator concerning current 
 airman certificates, including airman 
 medical certificates and associated 
 type ratings and information on any 
 limitations to those certificates and 
 ratings;
 (ii) records that are maintained by 
 the Administrator concerning any failed 
 attempt of an individual to pass a 
 practical test required to obtain a 
 certificate or type rating under part 
 61 of title 14, Code of Federal 
 Regulations; and
 (iii) summaries of legal enforcement 
 actions resulting in a finding by the 
 Administrator of a violation of this 
 title or a regulation prescribed or 
 order issued under this title that was 
 not subsequently overturned.
 (B) Air carrier and other records.--From any 
 air carrier or other person (except a branch of 
 the Armed Forces, the National Guard, or a 
 reserve component of the Armed Forces) that has 
 employed an individual as a pilot of a civil or 
 public aircraft, or from the trustee in 
 bankruptcy for the air carrier or person--
 (i) records pertaining to the 
 individual that are maintained by the 
 air carrier (other than records 
 relating to flight time, duty time, or 
 rest time) or person, including records 
 under regulations set forth in--
 (I) section 121.683 of title 
 14, Code of Federal 
 Regulations;
 (II) section 121.111(a) of 
 such title;
 (III) section 121.219(a) of 
 such title;
 (IV) section 125.401 of such 
 title; and
 (V) section 135.63(a)(4) of 
 such title; and
 (ii) other records pertaining to the 
 individual's performance as a pilot 
 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 
 with 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)(8) of this 
 title, from the chief driver licensing official 
 of a State, information concerning the motor 
 vehicle driving record of the individual.
 (3) Written consent; release from liability.--An air 
 carrier--
 (A) shall obtain the written consent of an 
 individual before accessing records pertaining 
 to the individual under paragraph (1); and
 (B) may, notwithstanding any other provision 
 of law or agreement to the contrary, require an 
 individual with respect to whom the carrier is 
 accessing records under paragraph (1) to 
 execute a release from liability for any claim 
 arising from accessing the records or the use 
 of such records by the air carrier in 
 accordance with this section (other than a 
 claim arising from furnishing information known 
 to be false and maintained in violation of a 
 criminal statute).
 (4) Reporting.--
 (A) Reporting by administrator.--The 
 Administrator shall enter data described in 
 paragraph (2)(A) into the database promptly to 
 ensure that an individual's records are 
 current.
 (B) Reporting by air carriers and other 
 persons.--
 (i) In general.--Air carriers and 
 other persons shall report data 
 described in paragraphs (2)(B) and 
 (2)(C) to the Administrator promptly 
 for entry into the database.
 (ii) Data to be reported.--Air 
 carriers and other persons shall 
 report, at a minimum, under clause (i) 
 the following data described in 
 paragraph (2)(B):
 (I) Records that are 
 generated by the air carrier or 
 other person after the date of 
 enactment of this paragraph.
 (II) Records that the air 
 carrier or other person is 
 maintaining, on such date of 
 enactment, pursuant to 
 subsection (h)(4).
 (5) Requirement to maintain records.--The 
 Administrator--
 (A) shall maintain all records entered into 
 the database under paragraph (2) pertaining to 
 an individual until the date of receipt of 
 notification that the individual is deceased; 
 and
 (B) may remove the individual's records from 
 the database after that date.
 (6) Receipt of consent.--The Administrator shall not 
 permit an air carrier to access records pertaining to 
 an individual from the database under paragraph (1) 
 without the air carrier first demonstrating to the 
 satisfaction of the Administrator that the air carrier 
 has obtained the written consent of the individual.
 (7) Right of pilot to review certain records and 
 correct inaccuracies.--Notwithstanding any other 
 provision of law or agreement, the Administrator, upon 
 receipt of written request from an individual--
 (A) shall make available, not later than 30 
 days after the date of the request, to the 
 individual for review all records referred to 
 in paragraph (2) pertaining to the individual; 
 and
 (B) shall provide the individual with a 
 reasonable opportunity to submit written 
 comments to correct any inaccuracies contained 
 in the records.
 (8) Reasonable charges for processing requests and 
 furnishing copies.--
 (A) In general.--The Administrator may 
 establish a reasonable charge for the cost of 
 processing a request under paragraph (1) or (7) 
 and for the cost of furnishing copies of 
 requested records under paragraph (7).
 (B) Crediting appropriations.--Funds received 
 by the Administrator pursuant to this paragraph 
 shall--
 (i) be credited to the appropriation 
 current when the amount is received;
 (ii) be merged with and available for 
 the purposes of such appropriation; and
 (iii) remain available until 
 expended.
 (9) Privacy protections.--
 (A) Use of records.--An air carrier that 
 accesses records pertaining to an individual 
 under paragraph (1) may use the records only to 
 assess the qualifications of the individual in 
 deciding whether or not to hire the individual 
 as a pilot. The air carrier shall take such 
 actions as may be necessary to protect the 
 privacy of the individual and the 
 confidentiality of the records accessed, 
 including ensuring that information contained 
 in the records is not divulged to any 
 individual that is not directly involved in the 
 hiring decision.
 (B) Disclosure of information.--
 (i) In general.--Except as provided 
 by clause (ii), information collected 
 by the Administrator under paragraph 
 (2) shall be exempt from the disclosure 
 requirements of section 552(b)(3)(B) of 
 title 5.
 (ii) Exceptions.--Clause (i) shall 
 not apply to--
 (I) deidentified, summarized 
 information to explain the need 
 for changes in policies and 
 regulations;
 (II) information to correct a 
 condition that compromises 
 safety;
 (III) information to carry 
 out a criminal investigation or 
 prosecution;
 (IV) information to comply 
 with section 44905, regarding 
 information about threats to 
 civil aviation; and
 (V) such information as the 
 Administrator determines 
 necessary, if withholding the 
 information would not be 
 consistent with the safety 
 responsibilities of the Federal 
 Aviation Administration.
 (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 
 recommend 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 provided the information to the 
 database.
 (13) Limitations on electronic access to records.--
 (A) Access by individuals designated by air 
 carriers.--For the purpose of increasing timely 
 and efficient access to records described in 
 paragraph (2), the Administrator may allow, 
 under terms established by the Administrator, 
 an individual designated by an air carrier to 
 have electronic access to the database.
 (B) Terms.--The terms established by the 
 Administrator 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 
 assurances satisfactory to the Administrator 
 that--
 (i) the designated individual has 
 received the written consent of the 
 pilot applicant to access the 
 information; and
 (ii) information obtained using such 
 access will not be used for any purpose 
 other than making the hiring decision.
 (14) Authorized expenditures.--Of amounts 
 appropriated under section 106(k)(1), a total of 
 $6,000,000 for fiscal years 2010 through 2013 may be 
 used to carry out this subsection.
 (15) Regulations.--
 (A) In general.--The Administrator shall 
 issue regulations to carry out this subsection.
 (B) Effective date.--The regulations shall 
 specify the date on which the requirements of 
 this subsection take effect and the date on 
 which the requirements of subsection (h) cease 
 to be effective.
 (C) Exceptions.--Notwithstanding subparagraph 
 (B)--
 (i) the Administrator shall begin to 
 establish the database under paragraph 
 (2) not later than 90 days after the 
 date of enactment of this paragraph;
 (ii) the Administrator shall maintain 
 records in accordance with paragraph 
 (5) beginning on the date of enactment 
 of this paragraph; and
 (iii) air carriers and other persons 
 shall maintain records to be reported 
 to the database under paragraph (4)(B) 
 in the period beginning on such date of 
 enactment and ending on the date that 
 is 5 years after the requirements of 
 subsection (h) cease to be effective 
 pursuant to subparagraph (B).
 (16) Special rule.--During the one-year period 
 beginning on the date on which the requirements of this 
 section become effective pursuant to paragraph (15)(B), 
 paragraph (7)(A) shall be applied by substituting ``45 
 days'' for ``30 days''.
 (j) Limitations 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 subsection (h)(2) or 
 (i)(3), against--
 (A) the air carrier requesting the records of 
 that individual under subsection (h)(1) or 
 accessing the records of that individual under 
 subsection (i)(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 (h) or (i).
 (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, penalizes, or imposes 
 liability for furnishing or using records in accordance 
 with subsection (h) or (i).
 (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 (h)(1) or who furnished 
 information to the database established under 
 subsection (i)(2), that--
 (A) the person knows is false; and
 (B) was maintained in violation of a criminal 
 statute of the United States.
 (4) Prohibition on actions and proceedings against 
 air carriers.--
 (A) Hiring decisions.--An air carrier may 
 refuse to hire an individual as a pilot if the 
 individual did not provide written consent for 
 the air carrier to receive records under 
 subsection (h)(2)(A) or (i)(3)(A) or did not 
 execute the release from liability requested 
 under subsection (h)(2)(B) or (i)(3)(B).
 (B) Actions and proceedings.--No action or 
 proceeding may be brought against an air 
 carrier by or on behalf of an individual who 
 has applied for or is seeking a position as a 
 pilot with the air carrier if the air carrier 
 refused to hire the individual after the 
 individual did not provide written consent for 
 the air carrier to receive records under 
 subsection (h)(2)(A) or (i)(3)(A) or did not 
 execute a release from liability requested 
 under subsection (h)(2)(B) or (i)(3)(B).
 (k) Limitation on Statutory Construction.--Nothing in 
subsection (h) or (i) 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.
 (l) Temporary Airman Certificate.--An individual may obtain a 
temporary airman certificate from the Administrator after 
requesting a permanent replacement airman certificate issued 
under this section. A temporary airman certificate shall be--
 (1) made available--
 (A) electronically to the individual 
 immediately upon submitting an online 
 application for a replacement certificate to 
 the Administrator; or
 (B) physically to the individual at a flight 
 standards district office--
 (i) if the individual submits an 
 online application for a replacement 
 certificate; or
 (ii) if the individual applies for a 
 permanent replacement certificate other 
 than by online application and such 
 application has been received by the 
 Federal Aviation Administration; and
 (2) destroyed upon receipt of the permanent 
 replacement airman certificate from the Administrator.
 (m) Sufficiency of Digital and Physical Airman 
Certificates.--An individual issued a certificate pursuant to 
this section (including a medical certificate) may present such 
certificate to an inspector of the Federal Aviation 
Administration in any of the following formats:
 (1) A physical certificate issued by the 
 Administrator (or his or her designee).
 (2) A digital certificate issued by the Administrator 
 that is stored on an electronic device or, in areas 
 where there is sufficient connectivity to do so, a 
 cloud-based system, and presented in accordance with 
 authentication and verification requirements 
 established by the Administrator.

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