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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3536 Referred in Senate (RFS)]

104th CONGRESS
  2d Session
                                H.R. 3536

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 23, 1996

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT

 
  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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Airline Pilot Hiring and Safety Act 
of 1996''.

SEC. 2. EMPLOYMENT INVESTIGATIONS OF PILOTS.

    (a) In General.--Chapter 447 of title 49, United States Code, is 
amended by redesignating section 44723 as section 44724 and by 
inserting after section 44722 the following:
``Sec. 44723. Preemployment review of prospective pilot records
    ``(a) Pilot Records.--
            ``(1) In general.--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, information pertaining 
                to the individual that is maintained by the 
                Administrator concerning--
                            ``(i) current airman certificates 
                        (including airman medical certificates) and 
                        associated type ratings, including any 
                        limitations thereon; and
                            ``(ii) summaries of legal enforcement 
                        actions which have resulted in a finding by the 
                        Administrator of a violation of this title or a 
                        regulation prescribed or order issued under 
                        this title and which have not been subsequently 
                        overturned.
                    ``(B) Air carrier records.--From any air carrier 
                (or the trustee in bankruptcy for the air carrier) that 
                has employed the individual at any time during the 5-
                year period preceding the date of the employment 
                application of the individual--
                            ``(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 that are maintained by the air 
                        carrier 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 
                                relating to the training, 
                                qualifications, proficiency, or 
                                professional competence of the 
                                individual which was taken by the air 
                                carrier with respect to the individual 
                                and which was not subsequently 
                                overturned by the air carrier; and
                                    ``(III) any release from employment 
                                or resignation, termination, or 
                                disqualification with respect to 
                                employment.
                    ``(C) National driver register records.--From the 
                chief driver licensing official of a State, information 
                concerning the motor vehicle driving record of the 
individual in accordance with section 30305(b)(7) of this title.
            ``(2) 5-year reporting period.--A person is not required to 
        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 is about a revocation or 
        suspension of an airman certificate or motor vehicle license 
        that is still in effect on the date of the request.
            ``(3) Requirement to maintain records.--The Administrator 
        and each air carrier (or the trustee in bankruptcy for the air 
        carrier) shall maintain pilot records described in paragraph 
        (1) for a period of at least 5 years.
            ``(4) Written consent for release.--Neither the 
        Administrator nor any air carrier may furnish a record in 
        response to a request made under paragraph (1) (A) or (B) 
        without first obtaining the written consent of the individual 
        whose records are being requested.
            ``(5) Deadline for provision of information.--A person who 
        receives a request for records under paragraph (1) shall 
        furnish, on or before the 30th day following the date of 
        receipt of the request (or on or before the 30th day following 
        the date of obtaining the written consent of the individual in 
        the case of a request under paragraph (1) (A) or (B)), all of 
        the records maintained by the person that have been requested.
            ``(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 whose records 
        have been requested--
                    ``(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 (9), 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 for records 
        under paragraph (1) or (9) may establish a reasonable charge 
        for the cost of processing the request and furnishing copies of 
        the requested records.
            ``(8) Right to correct inaccuracies.--An air carrier that 
        receives the records of an individual under paragraph (1)(B) 
        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.
            ``(9) Right of pilot to review certain records.--
        Notwithstanding any other provision of a law or agreement, an 
        air carrier shall, upon written request from a pilot employed 
        by such carrier, make available, within a reasonable time of 
        the request, to the pilot for review any and all employment 
        records referred to in paragraph (1)(B) pertaining to the 
        pilot's employment.
            ``(10) Privacy protections.--
                    ``(A) Use of records.--An air carrier or employee 
                of 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.
                    ``(B) Required actions.--Subject to subsection (c), 
                the air carrier or employee of an 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 the information 
                contained in the records is not divulged to any 
                individual that is not directly involved in the hiring 
                decision.
                    ``(C) Individuals not hired.--If the individual is 
                not hired, the air carrier shall destroy or return the 
                records of the individual received under paragraph (1); 
                except that the air carrier may retain any records 
                needed to defend its decisions not to hire the 
                individual.
            ``(11) Standard forms.--The Administrator may promulgate--
                    ``(A) standard forms which may be used by an air 
                carrier to request the records of an individual under 
                paragraph (1); and
                    ``(B) standard forms which may be used by a person 
                who receives a request for records under paragraph (1) 
                to obtain the written consent of the individual and to 
                inform the individual of the request and of the 
                individual's right to receive a copy of any records 
                furnished in response to the request.
            ``(12) Regulations.--The Administrator may prescribe such 
        regulations as may be necessary--
                    ``(A) to protect the personal privacy of any 
                individual whose records are requested under paragraph 
(1) and to protect the confidentiality of those records;
                    ``(B) to preclude the further dissemination of 
                records received under paragraph (1) by the air carrier 
                who requested them; and
                    ``(C) to ensure prompt compliance with any request 
                under paragraph (1).
    ``(b) Limitation on Liability; Preemption of State and Local Law.--
            ``(1) Limitation on liability.--No action or proceeding may 
        be brought by or on behalf of an individual who is seeking a 
        position with an air carrier as a pilot against--
                    ``(A) the air carrier for requesting the 
                individual's records under subsection (a)(1);
                    ``(B) a person who has complied with such request 
                and in the case of a request under subsection (a)(1) 
                (A) or (B) has obtained the written consent of the 
                individual;
                    ``(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, State, or local law with respect to the furnishing 
        or use of such records in accordance with subsection (a).
            ``(2) Preemption.--No State or political subdivision 
        thereof may enact, prescribe, issue, continue in effect, or 
        enforce any law, 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 (a).
            ``(3) Provision of knowingly false information.--Paragraphs 
        (1) and (2) shall not apply with respect to a person that 
        furnishes in response to a request made under subsection (a)(1) 
        information that the person knows is false.
    ``(c) Limitation on Statutory Construction.--Nothing in this 
section 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 Secretary, the National 
Transportation Safety Board, or a court.''.
    (b) Chapter Analysis Amendment.--The analysis for chapter 447 of 
such title is amended by striking

``44723. Annual report.''
and inserting

``44723. Preemployment review of prospective pilot records.
``44724. Annual report.''.
    (c) Conforming Amendment.--Section 30305(b) of such title is 
amended by redesignating paragraph (7) as paragraph (8) and by 
inserting after paragraph (6) the following:
    ``(7) An individual who is employed or seeking employment by an air 
carrier as a pilot may request the chief driver licensing official of a 
State to provide information about the individual under subsection (a) 
of this section to the individual's prospective employer or to the 
Secretary of Transportation. Information may not be obtained from the 
Register under this paragraph if the information was entered in the 
Register more than 5 years before the request, unless the information 
is about a revocation or suspension still in effect on the date of the 
request.''.
    (d) Civil Penalties.--Section 46301 of such title is amended by 
inserting ``44723,'' after ``44716,'' in each of subsections (a)(1)(A), 
(a)(2)(A), (d)(2), and (f)(1)(A)(i).
    (e) Applicability.--The amendments made by this section shall apply 
to any air carrier hiring an individual as a pilot on or after the 30th 
day after the date of the enactment of this Act.

SEC. 3. RULEMAKING TO ESTABLISH MINIMUM STANDARDS FOR PILOT 
              QUALIFICATIONS.

    Not later than 18 months after the date of the enactment of this 
Act, the Administrator of the Federal Aviation Administration shall 
issue a notice of a proposed rulemaking to establish--
            (1) minimum standards and criteria for preemployment 
        screening tests measuring the biographical factors (psychomotor 
        coordination), general intellectual capacity, instrument and 
        mechanical comprehension, and physical fitness of an applicant 
        for employment as a pilot by an air carrier; and
            (2) minimum standards and criteria for pilot training 
        facilities which will be licensed by the Administrator and 
        which will assure that pilots trained at such facilities meet 
        the preemployment screening standards and criteria described in 
        paragraph (1).

SEC. 4. SHARING ARMED SERVICES RECORDS.

    (a) Study.--The Administrator of the Federal Aviation 
Administration, in conjunction with the Secretary of Defense, shall 
conduct a study to determine the relevance and appropriateness of 
requiring the Secretary of Defense to provide to an air carrier, upon 
request in connection with the hiring of an individual as a pilot, 
records of the individual concerning the individual's training, 
qualifications, proficiency, professional competence, or terms of 
discharge from the Armed Forces.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Administrator shall transmit to Congress a report on 
the results of the study.

SEC. 5. MINIMUM FLIGHT TIME.

    (a) Study.--The Administrator of the Federal Aviation 
Administration shall conduct a study to determine whether current 
minimum flight time requirements applicable to individuals seeking 
employment as a pilot with an air carrier are sufficient to ensure 
public safety.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Administrator shall transmit to Congress a report on 
the results of the study.

            Passed the House of Representatives July 22, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.
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