Sec. 6. Accessibility of certain flight data
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Subchapter I of chapter 471 of title 49, United States Code, is amended by inserting after section 47124 the following: In this section: The term contract tower means an air traffic control tower providing air traffic control services pursuant to a contract with the Federal Aviation Administration under the Contract Tower Program under section 47124(b)(3). The term covered flight record means any flight data, including air traffic data (as defined in section 2(b)(4)(B) of the Pilot's Bill of Rights ( 49 U.S.C. 44703 note)), created, maintained, or controlled by any program of the Federal Aviation Administration, whether carried out by employees or contractors of the Federal Aviation Administration, including contract towers, flight service stations, and controller training programs.
When the Federal Aviation Administration receives a request, pursuant to section 552 of title 5, United States Code, for a covered flight record that is not in the possession of the Federal Aviation Administration, the Administrator of the Federal Aviation Administration shall request the record from the contract tower or other contractor of the Federal Aviation Administration that possesses the record. Any covered flight record created, maintained, or controlled by a contract tower or another contractor of the Federal Aviation Administration that maintains covered flight records shall be provided to the Federal Aviation Administration if the Federal Aviation Administration requests the record pursuant to paragraph (1).
After the Federal Aviation Administration receives a covered flight record under subsection (b), that record shall be— considered an agency record of the Federal Aviation Administration for purposes of section 552(f)(2) of title 5, United States Code; and subject to section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), to the same extent as if the record was created, maintained, and controlled by the Federal Aviation Administration. The Administrator of the Federal Aviation Administration may withhold information that would otherwise be required to be made available under this section only if— the Administrator determines, based on information in the possession of the Administrator, that the Administrator may withhold the information in accordance with section 552(b) of title 5, United States Code; or the information is voluntarily provided safety- or security-related information covered by section 40123.
Each contract tower or other contractor of the Federal Aviation Administration that maintains covered flight records shall maintain records relating to covered flight records in formats that are readily reproducible and reasonably searchable by the Federal Aviation Administration. Not later than 180 days after the date of the enactment of the Pilot’s Bill of Rights 2 , the Administrator shall promulgate regulations or guidance to ensure compliance with this section by the Federal Aviation Administration, contract towers, and other contractors of the Federal Aviation Administration that maintain covered flight records.
Compliance with this section by a contract tower or other contractor of the Federal Aviation Administration that maintains covered flight records shall be included as a material term in any contract between the Federal Aviation Administration and the contract tower or contractor entered into or renewed on or after the date of the enactment of the Pilot’s Bill of Rights 2 . Not later than one year after the date of the enactment of the Pilot’s Bill of Rights 2 , the Administrator shall secure a modification to include compliance with this section by each contract tower and other contractor of the Federal Aviation Administration that maintains covered flight records as a material term in any contract between the Federal Aviation Administration and the contract tower or contractor that will not otherwise be renegotiated, renewed, or modified before the date that is one year after such date of enactment. .
The table of sections for chapter 471 of title 49, United States Code, is amended by inserting after the item relating to section 47124 the following: 47124a. Accessibility of certain flight data. .
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Sec. 6
Accessibility of certain flight data
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