II

104TH CONGRESS

1ST SESSION S. 1461

To amend title 49, United States Code, relating to required employment

investigations of pilots.

IN THE SENATE OF THE UNITED STATES

DECEMBER 8, 1995

Mr. MCCAIN introduced the following bill; which was read twice and referred

to the Committee on Commerce, Science, and Transportation

A BILL

To amend title 49, United States Code, relating to required

employment investigations of pilots.

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

3 That section 44936 of title 49, United States Code,

4 is amended by adding at the end thereof the following:

5 ‘‘(f) RECORDS OF EMPLOYMENT.—

6 ‘‘(1) IN GENERAL.—An air carrier or foreign

7 air carrier receiving an application for employment

8 from an individual seeking a position as a pilot may

9 request and receive records described in paragraph

10 (2) relating to that individual’s employment from
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1 any person who has employed that individual at any

2 time during the 5 years preceding the application.

3 ‘‘(2) RECORDS TO WHICH SUBSECTION AP4 PLIES.—The records referred to in paragraph (1)

5 are—

6 ‘‘(A) the personnel file of the individual;

7 ‘‘(B) any records maintained under the

8 regulations set forth in—

9 ‘‘(i) section 121.683 of title 14, Code

10 of Federal Regulations;

11 ‘‘(ii) paragraph (A) of section VI, ap12 pendix I, part 121 of title 14, Code of Fed13 eral Regulations;

14 ‘‘(iii) section 125.401 of title 14, Code

15 of Federal Regulations;

16 ‘‘(iv) section 127.301 of title 14, Code

17 of Federal Regulations; and

18 ‘‘(v) section 135.63(a)(4) of title 14,

19 Code of Federal Regulations; and

20 ‘‘(C) any other records concerning—

21 ‘‘(i) the training, qualifications, pro22 ficiency, or professional competence of the

23 individual;
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1 ‘‘(ii) any disciplinary action taken by

2 the employer with respect to the individual;

3 and

4 ‘‘(iii) the release from employment,

5 resignation, termination, or disqualification

6 of the individual.

7 ‘‘(3) RIGHT TO RECEIVE NOTICE AND COPY OF

8 ANY RECORD FURNISHED.—An individual whose em9 ployment records have been requested under para10 graph (1) of this subsection—

11 ‘‘(A) shall receive written notice from each

12 person providing a record in response to a re13 quest under paragraph (1) of the individual’s

14 right to receive such copies; and

15 ‘‘(B) is entitled to receive copies of any

16 records provided by the individual’s employer or

17 a former employer to any air carrier or foreign

18 air carrier.

19 ‘‘(4) REASONABLE CHARGES FOR PROCESSING

20 REQUESTS AND FURNISHING COPIES.—A person who

21 receives a request under paragraph (1) may estab22 lish a reasonable charge for the cost of processing

23 the request and furnishing copies of the requested

24 records.
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1 ‘‘(5) STANDARD FORMS.—The Administrator

2 shall promulgate—

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

4 an air carrier or foreign air carrier to request

5 records under paragraph (1) of this subsection;

6 and

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

8 any employer receiving a request under para9 graph (1) for records to inform the individual

10 to whom the records relate of the request and

11 of the individual’s right to receive copies of any

12 records provided in response to the request.

13 ‘‘(6) REGULATIONS.—The Administrator may

14 prescribe such regulations as may be necessary—

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

16 individual whose records are requested under

17 paragraph (1) of this subsection and to protect

18 the confidentiality of those records;

19 ‘‘(B) to limit the further dissemination of

20 records received under paragraph (1) of this

21 subsection by the person who requested them;

22 and

23 ‘‘(C) to ensure prompt compliance with

24 any request under paragraph (1) of this sub25 section.
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1 ‘‘(g) LIMITATION ON LIABILITY; PREEMPTION OF

2 STATE LAW.—

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

4 proceeding may be brought by or on behalf of an in5 dividual who has applied for a position described in

6 subsection (a)(1) of this section against—

7 ‘‘(A) an air carrier or foreign air carrier

8 with which the individual has filed such an ap9 plication for requesting the individual’s records

10 under subsection (f)(1);

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

12 a request; or

13 ‘‘(C) an agent or employee of a person de14 scribed in subparagraph (A) or (B) of this

15 paragraph

16 in the nature of an action for defamation, invasion

17 of privacy, negligence, interference with contract, or

18 otherwise, or under any State or Federal law with

19 respect to the furnishing or use of such records in

20 accordance with subsection (f) of this section.

21 ‘‘(2) PREEMPTION.—No State or political sub22 division thereof may enact, prescribe, issue, continue

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

24 other provision having the force and effect of law

25 that prohibits, penalizes, or imposes liability for fur-
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1 nishing or using records in accordance with sub2 section (f) of this section.’’.

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