IIA
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 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,
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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-
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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
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‘‘(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 re-
lating to the training, qualifications,
proficiency, 
or 
professional 
com-
petence 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 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
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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
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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.
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‘‘(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-
ten request from a pilot employed by such carrier,
make available, within a reasonable time of the re-
quest, 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 quali-
fications 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
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necessary to protect the privacy of the pilot and
the confidentiality of the records, including en-
suring 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 in-
dividual is not hired, the air carrier shall de-
stroy or return the records of the individual re-
ceived 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 indi-
vidual 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 con-
sent of the individual and to inform the individ-
ual of the request and of the individual’s right
to receive a copy of any records furnished in re-
sponse to the request.
‘‘(12) REGULATIONS.—The Administrator may
prescribe such regulations as may be necessary—
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‘‘(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 in-
dividual who is seeking a position with an air carrier
as a pilot against—
‘‘(A) the air carrier for requesting the indi-
vidual’s records under subsection (a)(1);
‘‘(B) a person who has complied with such
request and in the case of a request under sub-
section (a)(1) (A) or (B) has obtained the writ-
ten 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 de-
scribed in subparagraph (A) or (B);
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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 sub-
division 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 fur-
nishing or using records in accordance with sub-
section (a).
‘‘(3) PROVISION OF KNOWINGLY FALSE INFOR-
MATION.—Paragraphs (1) and (2) shall not apply
with respect to a person that furnishes in response
to a request made under subsection (a)(1) informa-
tion 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.’’
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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 em-
ployment 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 re-
quest, unless the information is about a revocation or sus-
pension 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.
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SEC. 3. RULEMAKING TO ESTABLISH MINIMUM STANDARDS
FOR PILOT QUALIFICATIONS.
Not later than 18 months after the date of the enact-
ment of this Act, the Administrator of the Federal Avia-
tion Administration shall issue a notice of a proposed rule-
making to establish—
(1) minimum standards and criteria for
preemployment screening tests measuring the bio-
graphical factors (psychomotor coordination), gen-
eral 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 Ad-
ministrator 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 Avia-
tion 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, qualifica-
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tions, 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 Avia-
tion Administration shall conduct a study to determine
whether current minimum flight time requirements appli-
cable 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.