Union Calendar No. 355

104TH CONGRESS

2D SESSION H. R. 3536

[Report No. 104–684]

A BILL

To amend title 49, United States Code, to require

service as a pilot, and for other purposes.records before allowing an individual to beginan air carrier to request and receive certain

JULY 17, 1996

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 355

104TH CONGRESS

2D SESSION H. R. 3536

[Report No. 104–684]

To amend title 49, United States Code, to require an air carrier to request

and receive certain records before allowing an individual to begin service

as a pilot, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 29, 1996

Mr. DUNCAN (for himself, Mr. SHUSTER, Mr. OBERSTAR, Mr. LIPINSKI, and

Mr. HEINEMAN) introduced the following bill; which was referred to the

Committee on Transportation and Infrastructure

JULY 17, 1996

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on May 29, 1996]

A BILL

To amend title 49, United States Code, to require an air

carrier to request and receive certain records before allowing an individual to begin service as a pilot, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 3536 RH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Airline Pilot Hiring

3 and Safety Act of 1996’’.

4 SEC. 2. EMPLOYMENT INVESTIGATIONS OF PILOTS.

5 (a) IN GENERAL.—Chapter 447 of title 49, United

6 States Code, is amended by redesignating section 44723 as

7 section 44724 and by inserting after section 44722 the fol8 lowing:

9 ‘‘§ 44723. Preemployment review of prospective pilot

10 records

11 ‘‘(a) PILOT RECORDS.—

12 ‘‘(1) IN GENERAL.—Before allowing an individ13 ual to begin service as a pilot, an air carrier shall

14 request and receive the following information:

15 ‘‘(A) FAA RECORDS.—From the Adminis16 trator of the Federal Aviation Administration,

17 information pertaining to the individual that is

18 maintained by the Administrator concerning—

19 ‘‘(i) current airman certificates (in20 cluding airman medical certificates) and

21 associated type ratings, including any limi22 tations thereon; and

23 ‘‘(ii) summaries of legal enforcement

24 actions which have resulted in a finding by

25 the Administrator of a violation of this title

26 or a regulation prescribed or order issued
3

•HR 3536 RH

1 under this title and which have not been

2 subsequently overturned.

3 ‘‘(B) AIR CARRIER RECORDS.—From any

4 air carrier (or the trustee in bankruptcy for the

5 air carrier) that has employed the individual at

6 any time during the 5-year period preceding the

7 date of the employment application of the indi8 vidual—

9 ‘‘(i) records pertaining to the individ10 ual that are maintained by an air carrier

11 (other than records relating to flight time,

12 duty time, or rest time) under regulations

13 set forth in—

14 ‘‘(I) section 121.683 of title 14,

15 Code of Federal Regulations;

16 ‘‘(II) paragraph (A) of section VI,

17 appendix I, part 121 of such title;

18 ‘‘(III) paragraph (A) of section

19 IV, appendix J, part 121 of such title;

20 ‘‘(IV) section 125.401 of such title;

21 and

22 ‘‘(V) section 135.63(a)(4) of such

23 title; and
4

•HR 3536 RH

1 ‘‘(ii) other records pertaining to the in2 dividual that are maintained by the air

3 carrier concerning—

4 ‘‘(I) the training, qualifications,

5 proficiency, or professional competence

6 of the individual, including comments

7 and evaluations made by a check air8 man designated in accordance with

9 section 121.411, 125.295, or 135.337 of

10 such title;

11 ‘‘(II) any disciplinary action re12 lating to the training, qualifications,

13 proficiency, or professional competence

14 of the individual which was taken by

15 the air carrier with respect to the indi16 vidual and which was not subsequently

17 overturned by the air carrier; and

18 ‘‘(III) any release from employ19 ment or resignation, termination, or

20 disqualification with respect to em21 ployment.

22 ‘‘(C) NATIONAL DRIVER REGISTER

23 RECORDS.—From the chief driver licensing offi24 cial of a State, information concerning the motor
5

•HR 3536 RH

1 vehicle driving record of the individual in ac2 cordance with section 30305(b)(7) of this title.

3 ‘‘(2) 5-YEAR REPORTING PERIOD.—A person is

4 not required to furnish a record in response to a re5 quest made under paragraph (1) if the record was en6 tered more than 5 years before the date of the request,

7 unless the information is about a revocation or sus8 pension of an airman certificate or motor vehicle li9 cense that is still in effect on the date of the request.

10 ‘‘(3) REQUIREMENT TO MAINTAIN RECORDS.—

11 The Administrator and each air carrier (or the trust12 ee in bankruptcy for the air carrier) shall maintain

13 pilot records described in paragraph (1) for a period

14 of at least 5 years.

15 ‘‘(4) WRITTEN CONSENT FOR RELEASE.—Neither

16 the Administrator nor any air carrier may furnish a

17 record in response to a request made under paragraph

18 (1) (A) or (B) without first obtaining the written con19 sent of the individual whose records are being re20 quested.

21 ‘‘(5) DEADLINE FOR PROVISION OF INFORMA22 TION.—A person who receives a request for records

23 under paragraph (1) shall furnish, on or before the

24 30th day following the date of receipt of the request

25 (or on or before the 30th day following the date of ob-
6

•HR 3536 RH

1 taining the written consent of the individual in the

2 case of a request under paragraph (1) (A) or (B)), all

3 of the records maintained by the person that have

4 been requested.

5 ‘‘(6) RIGHT TO RECEIVE NOTICE AND COPY OF

6 ANY RECORD FURNISHED.—A person who receives a

7 request for records under paragraph (1) shall provide

8 to the individual whose records have been requested—

9 ‘‘(A) on or before the 20th day following the

10 date of receipt of the request, written notice of

11 the request and of the individual’s right to re12 ceive a copy of such records; and

13 ‘‘(B) in accordance with paragraph (9), a

14 copy of such records, if requested by the individ15 ual.

16 ‘‘(7) REASONABLE CHARGES FOR PROCESSING

17 REQUESTS AND FURNISHING COPIES.—A person who

18 receives a request for records under paragraph (1) or

19 (9) may establish a reasonable charge for the cost of

20 processing the request and furnishing copies of the re21 quested records.

22 ‘‘(8) RIGHT TO CORRECT INACCURACIES.—An

23 air carrier that receives the records of an individual

24 under paragraph (1)(B) shall provide the individual

25 with a reasonable opportunity to submit written com-
7

•HR 3536 RH

1 ments to correct any inaccuracies contained in the

2 records before making a final hiring decision with re3 spect to the individual.

4 ‘‘(9) RIGHT OF PILOT TO REVIEW CERTAIN

5 RECORDS.—Notwithstanding any other provision of a

6 law or agreement, an air carrier shall, upon written

7 request from a pilot employed by such carrier, make

8 available, within a reasonable time of the request, to

9 the pilot for review any and all employment records

10 referred to in paragraph (1)(B) pertaining to the pi11 lot’s employment.

12 ‘‘(10) PRIVACY PROTECTIONS.—

13 ‘‘(A) USE OF RECORDS.—An air carrier or

14 employee of an air carrier that receives the

15 records of an individual under paragraph (1)

16 may use such records only to assess the qualifica17 tions of the individual in deciding whether or

18 not to hire the individual as a pilot.

19 ‘‘(B) REQUIRED ACTIONS.—Subject to sub20 section (c), the air carrier or employee of an air

21 carrier shall take such actions as may be nec22 essary to protect the privacy of the pilot and the

23 confidentiality of the records, including ensuring

24 that the information contained in the records is
8

•HR 3536 RH

1 not divulged to any individual that is not di2 rectly involved in the hiring decision.

3 ‘‘(C) INDIVIDUALS NOT HIRED.—If the indi4 vidual is not hired, the air carrier shall destroy

5 or return the records of the individual received

6 under paragraph (1); except that the air carrier

7 may retain any records needed to defend its deci8 sions not to hire the individual.

9 ‘‘(11) STANDARD FORMS.—The Administrator

10 may promulgate—

11 ‘‘(A) standard forms which may be used by

12 an air carrier to request the records of an indi13 vidual under paragraph (1); and

14 ‘‘(B) standard forms which may be used by

15 a person who receives a request for records under

16 paragraph (1) to obtain the written consent of

17 the individual and to inform the individual of

18 the request and of the individual’s right to re19 ceive a copy of any records furnished in response

20 to the request.

21 ‘‘(12) REGULATIONS.—The Administrator may

22 prescribe such regulations as may be necessary—

23 ‘‘(A) to protect the personal privacy of any

24 individual whose records are requested under
9

•HR 3536 RH

1 paragraph (1) and to protect the confidentiality

2 of those records;

3 ‘‘(B) to preclude the further dissemination

4 of records received under paragraph (1) by the

5 air carrier who requested them; and

6 ‘‘(C) to ensure prompt compliance with any

7 request under paragraph (1).

8 ‘‘(b) LIMITATION ON LIABILITY; PREEMPTION OF

9 STATE AND LOCAL LAW.—

10 ‘‘(1) LIMITATION ON LIABILITY.—No action or

11 proceeding may be brought by or on behalf of an indi12 vidual who is seeking a position with an air carrier

13 as a pilot against—

14 ‘‘(A) the air carrier for requesting the indi15 vidual’s records under subsection (a)(1);

16 ‘‘(B) a person who has complied with such

17 request and in the case of a request under sub18 section (a)(1) (A) or (B) has obtained the writ19 ten consent of the individual;

20 ‘‘(C) a person who has entered information

21 contained in the individual’s records; or

22 ‘‘(D) an agent or employee of a person de23 scribed in subparagraph (A) or (B);

24 in the nature of an action for defamation, invasion

25 of privacy, negligence, interference with contract, or
10

•HR 3536 RH

1 otherwise, or under any Federal, State, or local law

2 with respect to the furnishing or use of such records

3 in accordance with subsection (a).

4 ‘‘(2) PREEMPTION.—No State or political sub5 division thereof may enact, prescribe, issue, continue

6 in effect, or enforce any law, regulation, standard, or

7 other provision having the force and effect of law that

8 prohibits, penalizes, or imposes liability for furnish9 ing or using records in accordance with subsection

10 (a).

11 ‘‘(3) PROVISION OF KNOWINGLY FALSE INFORMA12 TION.—Paragraphs (1) and (2) shall not apply with

13 respect to a person that furnishes in response to a re14 quest made under subsection (a)(1) information that

15 the person knows is false.

16 ‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.—

17 Nothing in this section shall be construed as precluding the

18 availability of the records of a pilot in an investigation or

19 other proceeding concerning an accident or incident con20 ducted by the Secretary, the National Transportation Safe21 ty Board, or a court.’’.

22 (b) CHAPTER ANALYSIS AMENDMENT.—The analysis

23 for chapter 447 of such title is amended by striking

‘‘44723. Annual report.’’

24 and inserting
11

•HR 3536 RH

‘‘44723. Preemployment review of prospective pilot records.

‘‘44724. Annual report.’’.

1 (c) CONFORMING AMENDMENT.—Section 30305(b) of

2 such title is amended by redesignating paragraph (7) as

3 paragraph (8) and by inserting after paragraph (6) the fol4 lowing:

5 ‘‘(7) An individual who is employed or seeking em6 ployment by an air carrier as a pilot may request the chief

7 driver licensing official of a State to provide information

8 about the individual under subsection (a) of this section to

9 the individual’s prospective employer or to the Secretary

10 of Transportation. Information may not be obtained from

11 the Register under this paragraph if the information was

12 entered in the Register more than 5 years before the request,

13 unless the information is about a revocation or suspension

14 still in effect on the date of the request.’’.

15 (d) CIVIL PENALTIES.—Section 46301 of such title is

16 amended by inserting ‘‘44723,’’ after ‘‘44716,’’ in each of

17 subsections (a)(1)(A), (a)(2)(A), (d)(2), and (f)(1)(A)(i).

18 (e) APPLICABILITY.—The amendments made by this

19 section shall apply to any air carrier hiring an individual

20 as a pilot on or after the 30th day after the date of the

21 enactment of this Act.
12

•HR 3536 RH

1 SEC. 3. RULEMAKING TO ESTABLISH MINIMUM STANDARDS

2 FOR PILOT QUALIFICATIONS.

3 Not later than 18 months after the date of the enact4 ment of this Act, the Administrator of the Federal Aviation

5 Administration shall issue a notice of a proposed rule6 making to establish—

7 (1) minimum standards and criteria for

8 preemployment screening tests measuring the bio9 graphical factors (psychomotor coordination), general

10 intellectual capacity, instrument and mechanical

11 comprehension, and physical fitness of an applicant

12 for employment as a pilot by an air carrier; and

13 (2) minimum standards and criteria for pilot

14 training facilities which will be licensed by the Ad15 ministrator and which will assure that pilots trained

16 at such facilities meet the preemployment screening

17 standards and criteria described in paragraph (1).

18 SEC. 4. SHARING ARMED SERVICES RECORDS.

19 (a) STUDY.—The Administrator of the Federal Avia20 tion Administration, in conjunction with the Secretary of

21 Defense, shall conduct a study to determine the relevance

22 and appropriateness of requiring the Secretary of Defense

23 to provide to an air carrier, upon request in connection

24 with the hiring of an individual as a pilot, records of the

25 individual concerning the individual’s training, qualifica-
13

•HR 3536 RH

1 tions, proficiency, professional competence, or terms of dis2 charge from the Armed Forces.

3 (b) REPORT.—Not later than 1 year after the date of

4 the enactment of this Act, the Administrator shall transmit

5 to Congress a report on the results of the study.

6 SEC. 5. MINIMUM FLIGHT TIME.

7 (a) STUDY.—The Administrator of the Federal Avia8 tion Administration shall conduct a study to determine

9 whether current minimum flight time requirements appli10 cable to individuals seeking employment as a pilot with an

11 air carrier are sufficient to ensure public safety.

12 (b) REPORT.—Not later than 1 year after the date of

13 the enactment of this Act, the Administrator shall transmit

14 to Congress a report on the results of the study.