124 STAT. 2353 PUBLIC LAW 111–216—AUG. 1, 2010 ‘‘(I) the training, qualifications, proficiency, or professional competence of the individual, including comments and evaluations made by a check airman designated in accordance with sec- tion 121.411, 125.295, or 135.337 of such title; ‘‘(II) any disciplinary action taken with respect to the individual that was not subsequently over- turned; and ‘‘(III) any release from employment or resigna- tion, termination, or disqualification with respect to employment. ‘‘(C) NATIONAL DRIVER REGISTER RECORDS.—In accord- ance 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 informa- tion known to be false and maintained in violation of a criminal statute). ‘‘(4) REPORTING.— ‘‘(A) REPORTING BY ADMINISTRATOR.—The Adminis- trator 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 PER- SONS.— ‘‘(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 car- rier or other person after the date of enactment of this paragraph. ‘‘(II) Records that the air carrier or other per- son is maintaining, on such date of enactment, pursuant to subsection (h)(4). ‘‘(5) REQUIREMENT TO MAINTAIN RECORDS.—The Adminis- trator— ‘‘(A) shall maintain all records entered into the data- base 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 data- base after that date.
