I
104TH CONGRESS
2D SESSION
H. R. 3536
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
A BILL
To amend title 49, United States Code, to require an air
carrier to request and receive certain records before al-
lowing an individual to begin service as a pilot, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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:
‘‘§ 44723. Preemployment review of prospective pilot
records
‘‘(a) PILOT RECORDS.—
‘‘(1) IN GENERAL.—Before allowing an individ-
ual to begin service as a pilot, an air carrier shall
request and receive the following information:
‘‘(A) FAA RECORDS.—From the Adminis-
trator of the Federal Aviation Administration,
information pertaining to the individual that is
maintained by the Administrator concerning—
‘‘(i) current airman certificates (in-
cluding airman medical certificates) and
associated type ratings, including any limi-
tations 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 is-
sued 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 indi-
vidual—
‘‘(i) records pertaining to the individ-
ual 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 
com-
petence of the individual, including
comments and evaluations made by a
check airman designated in accord-
ance with section 121.411, 125.295,
or 135.337 of such title;
‘‘(II) 
any 
disciplinary 
action
which was taken by the air carrier
with respect to the individual and
which was not subsequently over-
turned by the air carrier; and
‘‘(III) any release from employ-
ment or resignation, termination, or
disqualification with respect to em-
ployment.
‘‘(C) 
NATIONAL
DRIVER
REGISTER
RECORDS.—From the chief driver licensing offi-
cial 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 re-
quest made under paragraph (1) if the record was
entered more than 5 years before the date of the re-
quest, unless the information is about a revocation
or suspension of an airman certificate or motor vehi-
cle 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 main-
tain pilot records described in paragraph (1) for a
period of at least 5 years.
‘‘(4) WRITTEN CONSENT FOR RELEASE.—Nei-
ther the Administrator nor any air carrier may fur-
nish 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 INFORMA-
TION.—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 pro-
vide to the individual whose records have been re-
quested—
‘‘(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 indi-
vidual.
‘‘(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 writ-