H. R. 3539—47
‘‘(B) FINAL PHASE.—The final phase of field deployment
of the system developed under this subsection shall begin
not later than December 31, 1999. By that date, all prin-
cipal operations and maintenance inspectors of the
Administration, and appropriate supervisors and analysts
of the Administration shall have been provided access to
the necessary information and resources to carry out the
system.
‘‘(3) INTEGRATION OF INFORMATION.—In developing the sys-
tem under this section, the Administration shall consider the
near-term integration of accident and incident data into the
safety performance analysis system under this subsection.’’.
TITLE V—PILOT RECORD SHARING
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Pilot Records Improvement
Act of 1996’’.
SEC. 502. EMPLOYMENT INVESTIGATIONS OF PILOT APPLICANTS.
(a) IN GENERAL.—Section 44936 is amended by adding at the
end the following:
‘‘(f) RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.—
‘‘(1) IN GENERAL.—Before hiring an individual as a pilot,
an air carrier shall request and receive the following informa-
tion:
‘‘(A) FAA RECORDS.—From the Administrator of the
Federal Aviation Administration, records pertaining to the
individual that are maintained by the Administrator
concerning—
‘‘(i) current airman certificates (including airman
medical certificates) and associated type ratings,
including any limitations to those certificates and
ratings; and
‘‘(ii) summaries of legal enforcement actions result-
ing in a finding by the Administrator of a violation
of this title or a regulation prescribed or order issued
under this title that was not subsequently overturned.
‘‘(B) AIR CARRIER AND OTHER RECORDS.—From any air
carrier or other person that has employed the individual
at any time during the 5-year period preceding the date
of the employment application of the individual, or from
the trustee in bankruptcy for such air carrier or person—
‘‘(i) records pertaining to the individual that are
maintained by an air carrier (other than records relat-
ing to flight time, duty time, or rest time) under regula-
tions 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
H. R. 3539—48
‘‘(ii) other records pertaining to the individual that
are 
maintained 
by 
the 
air 
carrier 
or 
person
concerning—
‘‘(I) the training, qualifications, proficiency, or
professional competence of the individual, includ-
ing 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 taken with respect
to the individual that was not subsequently over-
turned; and
‘‘(III) any release from employment or resigna-
tion, termination, or disqualification with respect
to employment.
‘‘(C) NATIONAL DRIVER REGISTER RECORDS.—In accord-
ance with section 30305(b)(7), from the chief driver licens-
ing official of a State, information concerning the motor
vehicle driving record of the individual.
‘‘(2) WRITTEN CONSENT; RELEASE FROM LIABILITY.—An air
carrier making a request for records under paragraph (1)—
‘‘(A) shall be required to obtain written consent to
the release of those records from the individual that is
the subject of the records requested; and
‘‘(B) may, notwithstanding any other provision of law
or agreement to the contrary, require the individual who
is the subject of the records to request to execute a release
from liability for any claim arising from the furnishing
of such records to or the use of such records by such
air carrier (other than a claim arising from furnishing
information known to be false and maintained in violation
of a criminal statute).
‘‘(3) 5-YEAR REPORTING PERIOD.—A person shall not 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 concerns a revocation
or suspension of an airman certificate or motor vehicle license
that is in effect on the date of the request.
‘‘(4) REQUIREMENT TO MAINTAIN RECORDS.—The Adminis-
trator shall maintain pilot records described in paragraph (1)(A)
for a period of at least 5 years.
‘‘(5) RECEIPT OF CONSENT; PROVISION OF INFORMATION.—
A person shall not furnish a record in response to a request
made under paragraph (1) without first obtaining a copy of
the written consent of the individual who is the subject of
the records requested. A person who receives a request for
records under this paragraph shall furnish a copy of all of
such requested records maintained by the person not later
than 30 days after receiving the request.
‘‘(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 who is the subject
of the records—
‘‘(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
H. R. 3539—49
‘‘(B) in accordance with paragraph (10), 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 under
paragraph (1) or (6) may establish a reasonable charge for
the cost of processing the request and furnishing copies of
the requested records.
‘‘(8) 
STANDARD
FORMS.—The 
Administrator 
shall
promulgate—
‘‘(A) standard forms that may be used by an air carrier
to request records under paragraph (1); and
‘‘(B) standard forms that may be used by an air
carrier to—
‘‘(i) obtain the written consent of the individual
who is the subject of a request under paragraph (1);
and
‘‘(ii) inform the individual of—
‘‘(I) the request; and
‘‘(II) the individual right of that individual
to receive a copy of any records furnished in
response to the request.
‘‘(9) RIGHT TO CORRECT INACCURACIES.—An air carrier that
maintains or requests and receives the records of an individual
under paragraph (1) shall provide the individual with a reason-
able opportunity to submit written comments to correct any
inaccuracies contained in the records before making a final
hiring decision with respect to the individual.
‘‘(10) RIGHT OF PILOT TO REVIEW CERTAIN RECORDS.—Not-
withstanding any other provision of 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) (i) or (ii) pertaining to the
employment of the pilot.
‘‘(11) PRIVACY PROTECTIONS.—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.
The 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 information contained in
the records is not divulged to any individual that is not directly
involved in the hiring decision.
‘‘(12) PERIODIC REVIEW.—Not later than 18 months after
the date of the enactment of the Pilot Records Improvement
Act of 1996, and at least once every 3 years thereafter, the
Administrator shall transmit to Congress a statement that
contains, taking into account recent developments in the avia-
tion industry—
‘‘(A) recommendations by the Administrator concerning
proposed changes to Federal Aviation Administration
records, air carrier records, and other records required
to be furnished under subparagraphs (A) and (B) of para-
graph (1); or
‘‘(B) reasons why the Administrator does not rec-
ommend any proposed changes to the records referred to
in subparagraph (A).
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‘‘(13) REGULATIONS.—The Administrator may prescribe
such regulations as may be necessary—
‘‘(A) to protect—
‘‘(i) the personal privacy of any individual whose
records are requested under paragraph (1); and
‘‘(ii) the confidentiality of those records;
‘‘(B) to preclude the further dissemination of records
received under paragraph (1) by the person who requested
those records; and
‘‘(C) to ensure prompt compliance with any request
made under paragraph (1).
‘‘(g) LIMITATION ON LIABILITY; PREEMPTION OF STATE LAW.—
‘‘(1) LIMITATION
ON
LIABILITY.—No action or proceeding
may be brought by or on behalf of an individual who has
applied for or is seeking a position with an air carrier as
a pilot and who has signed a release from liability, as provided
for under paragraph (2), against—
‘‘(A) the air carrier requesting the records of that
individual under subsection (f)(1);
‘‘(B) a person who has complied with such request;
‘‘(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 or State law with respect to the furnishing or
use of such records in accordance with subsection (f).
‘‘(2) PREEMPTION.—No State or political subdivision thereof
may enact, prescribe, issue, continue in effect, or enforce any
law (including any regulation, standard, or other provision hav-
ing the force and effect of law) that prohibits, penalizes, or
imposes liability for furnishing or using records in accordance
with subsection (f).
‘‘(3) PROVISION OF KNOWINGLY FALSE INFORMATION.—Para-
graphs (1) and (2) shall not apply with respect to a person
who furnishes information in response to a request made under
subsection (f)(1), that—
‘‘(A) the person knows is false; and
‘‘(B) was maintained in violation of a criminal statute
of the United States.
‘‘(h) LIMITATION
ON STATUTORY CONSTRUCTION.—Nothing in
subsection (f) shall be construed as precluding the availability of
the records of a pilot in an investigation or other proceeding concern-
ing an accident or incident conducted by the Administrator, the
National Transportation Safety Board, or a court.’’.
(b) CONFORMING AMENDMENTS.—Section 30305(b) is amended—
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following:
‘‘(7) An individual who is 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
paragraph (2) to the prospective employer of the individual
or to the Secretary of Transportation. Information may not
be obtained from the National Driver Register under this sub-
section if the information was entered in the Register more
than 5 years before the request unless the information is about