Union Calendar No. 355
104TH CONGRESS
2D SESSION
H. R. 3536
[Report No. 104–684]
A BILL
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.
JULY 17, 1996
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 355
104TH CONGRESS
2D SESSION
H. R. 3536
[Report No. 104–684]
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
JULY 17, 1996
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 29, 1996]
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 fol-
lowing:
‘‘§ 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 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 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 in-
dividual 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 air-
man designated in accordance 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 competence
of the individual which was taken by
the air carrier with respect to the indi-
vidual 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 motor
vehicle driving record of the individual in ac-
cordance 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 en-
tered more than 5 years before the date of the request,
unless the information is about a revocation or sus-
pension of an airman certificate or motor vehicle li-
cense that is still in effect on the date of the request.
‘‘(3) REQUIREMENT
TO
MAINTAIN
RECORDS.—
The Administrator and each air carrier (or the trust-
ee 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 con-
sent of the individual whose records are being re-
quested.
‘‘(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 ob-