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Code · BILL · 118th Congress · H.R. 3935 (Engrossed in House) — To amend title 49, United States Code, to reauthorize and improve the Federal Aviation Administration and other civil... · Sec. 204

Sec. 204. Data privacy

858 words·~4 min read·/bill/118/hr/3935/eh/section-204

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Chapter 441 of title 49, United States Code, is amended by adding at the end the following: Notwithstanding any other provision of law, the Administrator of the Federal Aviation Administration shall establish and continuously improve a process by which, upon request of a private aircraft owner or operator, the Administrator blocks the registration number and other similar identifiable data or information, except for physical markings required by law, of the aircraft of the owner or operator from any public dissemination or display (except in furnished data or information made available to or from a Government agency pursuant to a government contract, subcontract, or agreement) for the noncommercial flights of the owner or operator.
Not later than 1 year after the enactment of this Act and notwithstanding any other provision of law, the Administrator shall establish a procedure by which, upon request of a private aircraft owner or operator, the Administrator shall withhold from public disclosure (except in furnished data or information made available to or from a Government agency pursuant to a government contract, subcontract, or agreement, including that for traffic management purposes) the personally identifiable information of such individual, including on FAA websites.
The Administrator shall establish a program for aircraft owners and operators to apply for a new ICAO aircraft identification code. In carrying out the program described in paragraph (1), the Administrator shall require— each applicant to attest to a safety or security need in applying for a new ICAO aircraft identification code; and each approved applicant who obtains a new ICAO aircraft identification code to comply with all applicable aspects of, or related to, part 45 of title 14, Code of Federal Regulations, including updating an aircraft’s registration number and N–Number to reflect such aircraft’s new ICAO aircraft identification code.
The Administrator shall develop a plan for which the Administrator could allow for a process to disassociate an assigned Mode S code with the number assigned to an aircraft that is registered pursuant to section 44103. In this section: The term ADS–B means automatic dependent surveillance-broadcast. The term ICAO means the International Civil Aviation Organization. The term personally identifiable information means— the mailing address or registration address of an individual; an electronic address (including an email address) of an individual; or the telephone number of an individual. the names of the aircraft owner or operator. .
Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall seek to enter into an agreement with a qualified organization to conduct a study assessing the technical challenges, impact to international aviation operations, benefits, and costs of encrypting ADS–B signals to provide for a safer and more secure environment for national airspace system users. In carrying out the study under paragraph (1), a qualified organization shall consult with representatives of— air carriers; collective bargaining representatives of the Federal Aviation Administration aero3 nautical information specialists; original equipment manufacturers of ADS–B equipment; general aviation; business aviation; and aviation safety experts with specific knowledge of aircraft cybersecurity.
In carrying out the study under paragraph (1), a qualified organization shall consider— the technical requirements for encrypting ADS–B signals for both the 978 Mhz and 1090 Mhz frequencies; the advantages of encrypting ADS–B signals for both the 978 Mhz and 1090 Mhz frequencies, including those related to cybersecurity protections, safety, and privacy of national airspace system users; the disadvantages of encrypting ADS– B signals for both the 978 Mhz and 1090 Mhz frequencies, including those related to cybersecurity protections, safety, and privacy of national airspace system users; the challenges of encrypting ADS–B signals for both the 978 Mhz and 1090 Mhz frequencies, including coordination considerations with the International Civil Aviation Organization and foreign civil aviation authorities; potential new aircraft equipage requirements and estimated costs; the impact to nongovernmental third party users of ADS–B data; the estimated costs to— the Federal Aviation Administration; aircraft owners required to equip with ADS–B equipment for aviation operations; and other relevant persons the Administrator determines necessary; and the impact to national airspace system operations during implementation and post-implementation.
In any agreement entered into under paragraph (1), the Administrator shall ensure that, not later than 1 year after the completion of the study required under paragraph (1), the qualified organization that has entered into such agreement shall submit to the Administrator, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study described in paragraph (1), including the findings and recommendations related to each item specified under paragraph (3).
In this subsection, the term qualified organization means an independent nonprofit organization, described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. The analysis for chapter 441 of title 49, United States Code, is amended by adding at the end the following: 44114. Privacy. . Section 566 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44103 note) and the item relating to such section in the table of contents under section 1(b) of that Act are repealed.
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Sec. 204
Data privacy
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