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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equitable Treatment of Investors 
Act''.

SEC. 2. SECURITIES INVESTOR PROTECTION ACT OF 1970 AMENDMENTS.

    (a) Net Equity Based on Last Statement.--Section 16(11) of the 
Securities Investor Protection Act of 1970 (15 U.S.C. 78lll(11)) is 
amended to read as follows:
            ``(11) Net equity.--
                    ``(A) In general.--The term `net equity' means the 
                dollar amount of the account or accounts of a customer, 
                to be determined by--
                            ``(i) calculating the sum which would have 
                        been owed by the debtor to such customer if the 
                        debtor had liquidated, by sale or purchase on 
                        the filing date--
                                    ``(I) all securities positions of 
                                such customer (other than customer name 
                                securities reclaimed by such customer); 
                                and
                                    ``(II) all positions in futures 
                                contracts and options on futures 
                                contracts held in a portfolio margining 
                                account carried as a securities account 
                                pursuant to a portfolio margining 
                                program approved by the Commission, 
                                including all property collateralizing 
                                such positions, to the extent that such 
                                property is not otherwise included 
                                herein; minus
                            ``(ii) any indebtedness of such customer to 
                        the debtor on the filing date; plus
                            ``(iii) any payment by such customer of 
                        such indebtedness to the debtor which is made 
                        with the approval of the trustee and within 
                        such period as the trustee may determine (but 
                        in no event more than sixty days after the 
                        publication of notice under section 8(a)).
                    ``(B) Treatment of certain commodity futures 
                contracts.--A claim for a commodity futures contract 
                received, acquired, or held in a portfolio margining 
                account pursuant to a portfolio margining program 
                approved by the Commission or a claim for a security 
                futures contract, shall be deemed to be a claim with 
                respect to such contract as of the filing date, and 
                such claim shall be treated as a claim for cash.
                    ``(C) Treatment of accounts held by a customer in 
                separate capacities.--In determining net equity under 
                this paragraph, accounts held by a customer in separate 
                capacities shall be deemed to be accounts of separate 
                customers.
                    ``(D) Reliance on final customer statement.--
                            ``(i) In general.--In determining net 
                        equity under this paragraph, the positions, 
                        options, and contracts of a customer held by 
                        the debtor, and any indebtedness of the 
                        customer to the debtor, shall be determined 
                        based on--
                                    ``(I) the information contained in 
                                the last statement received by the 
                                customer from the debtor before the 
                                filing date; and
                                    ``(II) any additional specific 
                                confirmations of the customer's 
                                positions, options, contracts, or 
                                indebtedness received after such last 
                                statement but before the filing date.
                            ``(ii) Fraud exception.--The provisions of 
                        this subparagraph shall not apply to any 
                        customer that--
                                    ``(I) knew the debtor was involved 
                                in fraudulent activity with respect to 
                                any customer of the debtor; or
                                    ``(II) was a person that--
                                            ``(aa) was, or was required 
                                        to be, registered with the 
                                        Securities and Exchange 
                                        Commission under the securities 
                                        laws (as such term is defined 
                                        under section 3(a) of the 
                                        Securities Exchange Act of 1934 
                                        (15 U.S.C. 78c(a)));
                                            ``(bb) knew, or should have 
                                        known, that the debtor was 
                                        involved in fraudulent activity 
                                        with respect to any customer of 
                                        the debtor; and
                                            ``(cc) did not notify SIPC, 
                                        the Commission, or law 
                                        enforcement personnel that the 
                                        debtor was involved in such 
                                        fraudulent activity.''.
    (b) Prohibition on Certain Recoveries.--Section 8 of the Securities 
Investor Protection Act of 1970 (15 U.S.C. 78fff-2) is amended by 
adding at the end the following new subsection:
    ``(g) Prohibition on Certain Recoveries.--Notwithstanding any other 
provision of this Act, a trustee may not recover any property 
transferred by the debtor to a customer before the filing date unless, 
at the time of such transfer, such customer--
            ``(1) knew the debtor was involved in fraudulent activity 
        with respect to any customer of the debtor; or
            ``(2) was a person that--
                    ``(A) was, or was required to be, registered with 
                the Securities and Exchange Commission under the 
                securities laws (as such term is defined under section 
                3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 
                78c(a)));
                    ``(B) knew, or should have known, that the debtor 
                was involved in fraudulent activity with respect to any 
                customer of the debtor; and
                    ``(C) did not notify SIPC, the Commission, or law 
                enforcement personnel that the debtor was involved in 
                such fraudulent activity.''.
    (c) Appointment of Trustees.--
            (1) In general.--Section 5(b)(3) of the Securities Investor 
        Protection Act of 1970 (15 U.S.C. 78eee(b)(3)) is amended to 
        read as follows:
            ``(3) Appointment of trustee and attorney.--
                    ``(A) In general.--If the court issues a protective 
                decree under paragraph (1), such court shall forthwith 
                appoint, as trustee for the liquidation of the business 
                of the debtor and as attorney for the trustee, such 
                persons as the court determines best fit to serve as 
                trustee and as attorney from among the persons selected 
                by the Commission pursuant to subparagraph (B). The 
                persons appointed as trustee and as attorney for the 
                trustee may be associated with the same firm.
                    ``(B) Commission candidates.--With respect to a 
                debtor and upon the court issuing a protective decree 
                under paragraph (1), the Commission shall forthwith 
                provide the court with a list of candidates for the 
                position of trustee and attorney for the trustee for 
                such debtor.
                    ``(C) Disinterest requirement.--No person may be 
                appointed to serve as trustee or attorney for the 
                trustee if such person is not disinterested within the 
                meaning of paragraph (6), except that for any specified 
                purpose other than to represent a trustee in conducting 
                a liquidation proceeding, the trustee may, with the 
                approval of SIPC and the court, employ an attorney who 
                is not disinterested.
                    ``(D) Qualification.--A trustee appointed under 
                this paragraph shall qualify by filing a bond in the 
                manner prescribed by section 322 of title 11, United 
                States Code.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect with respect to trustees and attorneys 
        appointed after the date of the enactment of this Act.

SEC. 3. EFFECTIVE DATE.

    Except as provided under section 2(c)(2), the amendments made by 
section 2 shall take effect with respect to a liquidation proceeding 
under the Securities Investor Protection Act of 1970 that--
            (1) was in progress on the date of the enactment of this 
        Act; or
            (2) is initiated after the date of the enactment of this 
        Act.
Equitable Treatment of Investors Act - Amends the Securities Investor Protection Act of 1970 to revise the definition of "net equity."

Declares also that, in determining net equity, the positions, options, and contracts of a customer held by the debtor, and any indebtedness of the customer to the debtor, shall be determined based on: (1) the information contained in the last statement received by the customer from the debtor before the filing date; and (2) any additional specific confirmations of the customer's positions, options, contracts, or indebtedness received after such last statement but before the filing date.

Prohibits reliance on the final statement of the debtor to customer, however, if the customer: (1) knew the debtor was involved in fraudulent activity with respect to any of its customers; or (2) as a registrant under the securities laws, or a person required to be so registered, knew, or should have known, that the debtor was involved in such a fraudulent activity and did not notify the Securities Investor Protection Corporation (SIPC), the Securities Exchange Commission (SEC), or law enforcement personnel that the debtor was so involved.

Prohibits a trustee in a liquidation proceeding from recovering any property transferred by the debtor to a customer before the filing date unless, at the time of such transfer, the customer meets the same critieria.

Transfers from SIPC to the SEC authority to nominate to a court persons for appointment as trustee for the liquidation of a debtor's business and as attorney for the trustee.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ambulatory Surgical Center Medicare 
Payment Modernization Act of 2005''.

SEC. 2. MEDICARE PAYMENT FOR AMBULATORY SURGICAL CENTER SERVICES.

    (a) In General.--Section 1833(i) of the Social Security Act (42 
U.S.C. 1395l(i)) is amended to read as follows:
    ``(i)(1) Payment shall be made under this part in the amount 
specified under paragraph (2) for facility services furnished to an 
individual in an ambulatory surgical center in connection with any 
outpatient surgical procedure covered under this part as a hospital 
outpatient department service, except for those procedures that the 
Secretary designates, in consultation with appropriate trade and 
professional organizations (including those having direct experience 
with ambulatory surgical centers) as posing a significant safety risk 
or requiring an overnight stay when performed in ambulatory surgical 
centers. Not less frequently than once every two years the Secretary 
shall review and, may, after public comment, make appropriate 
adjustments to this list of procedures excluded from coverage when 
performed in ambulatory surgical centers as the Secretary deems 
necessary.
    ``(2)(A) Subject to subparagraphs (B) and (C), the amount of 
payment to be made under this subsection for facility services 
furnished to an individual in an ambulatory surgical center in 
accordance with paragraph (1) shall be equal to 75 percent of the fee 
schedule amount determined under paragraph (3)(A) of subsection (t) for 
payment of the same service furnished in hospital outpatient 
departments, as adjusted under paragraphs (4)(A), (6), and (15) of such 
subsection, less a 20 percent beneficiary copayment.
    ``(B) For covered ambulatory surgical center services furnished on 
or after January 1, 2008, and before January 1, 2012, for which the 
ambulatory surgical center payment amount payable under this subsection 
in 2007 (in this subsection referred to as the `2007 ASC payment 
amount') is less than 75 percent of the hospital OPD fee schedule 
amount under subsection (t) in 2007 for the same services, the amount 
of payment under this subsection shall be calculated as follows:
            ``(i) For services furnished during 2008, the amount shall 
        be equal to the sum of--
                    ``(I) 80 percent of the 2007 ASC payment amount, as 
                increased by the percentage increase in the consumer 
                price index for all urban consumers (United States city 
                average) as estimated by the Secretary for the 12-month 
                period ending with December 31, 2006; and
                    ``(II) 20 percent of the payment amount under 
                paragraph (2)(A) for 2008.
            ``(ii) For services furnished during 2009, the amount shall 
        be equal to the sum of--
                    ``(I) 60 percent of the 2007 ASC payment amount as 
                increased under clause (i)(I) and as further increased 
                by the percentage increase in the consumer price index 
                for all urban consumers (United States city average) as 
                estimated by the Secretary for the 12-month period 
                ending with December 31, 2007; and
                    ``(II) 40 percent of the payment amount under 
                paragraph (2)(A) for 2009.
            ``(iii) For services furnished during 2010, the amount 
        shall be equal to the sum of--
                    ``(I) 40 percent of the 2007 ASC payment amount as 
                increased under clauses (i)(I) and (ii)(I) and as 
                further increased by the percentage increase in the 
                consumer price index for all urban consumers (United 
                States city average) as estimated by the Secretary for 
                the 12-month period ending with December 31, 2008; and
                    ``(II) 60 percent of the payment amount under 
                paragraph (2)(A) for 2010.
            ``(iv) For services furnished during 2011, the amount shall 
        be equal to the sum of--
                    ``(I) 20 percent of the 2007 ASC payment amount as 
                increased under clauses (i)(I), (ii)(I), and (iii)(I) 
                and as further increased by the percentage increase in 
                the consumer price index for all urban consumers 
                (United States city average) as estimated by the 
                Secretary for the 12-month period ending with December 
                31, 2009; and
                    ``(II) 80 percent of the payment amount under 
                paragraph (2)(A) for 2011.
    ``(C) For covered ambulatory surgical center services for which the 
2007 ASC payment amount is--
            ``(i) greater than 75 percent, but less than 100 percent, 
        of the hospital OPD fee schedule amount under subsection (t) in 
        2007 for the same services, the amount of payment under this 
        subsection shall be the greater of the 2007 ASC payment amount 
        or--
                    ``(I) for services furnished in 2008, the payment 
                amount under subparagraph (B)(i);
                    ``(II) for services furnished in 2009, the payment 
                amount under subparagraph (B)(ii);
                    ``(III) for services furnished in 2010, the payment 
                amount under subparagraph (B)(iii);
                    ``(IV) for services furnished in 2011, the payment 
                amount under subparagraph (B)(iv); or
                    ``(V) in 2012 and subsequent years, the payment 
                amount under subparagraph (A),
        but in no case in excess of the then applicable hospital OPD 
        fee schedule amount; or
            ``(ii) greater than the hospital OPD fee schedule amount 
        under subsection (t) in 2007 for the same services, the amount 
        of payment under this subsection--
                    ``(I) for services furnished during 2008, is equal 
                to the midpoint between the 2007 ASC payment amount and 
                100 percent of such 2007 hospital OPD fee schedule 
                amount; or
                    ``(II) for services furnished in a subsequent year 
                is equal to the greater of the 2007 hospital OPD fee 
                schedule amount or the payment amount specified under 
                subclause (I) through (V) of clause (i) for the year 
                involved, but but in no case in excess of the then 
                applicable hospital OPD fee schedule amount.''.
    (b) Conforming Amendments.--
            (1) Section 1832(a)(2)(F)(i) of such Act (42 U.S.C. 
        1395k(a)(2)(F)(i)) is amended--
                    (A) by striking ``section 1833(i)(1)(A)'' and 
                inserting ``section 1833(i)(1)'';
                    (B) by striking ``the standard overhead amount as 
                determined under section 1833(i)(2)(A)'' and inserting 
                ``the amount determined under section 1833(i)(2)''; and
                    (C) by striking all that follows ``as full payment 
                for such services'' and inserting ``, or''.
            (2) Section 1833(a)(1)(G) of such Act (42 U.S.C. 
        1395l(a)(1)(G)) is amended--
                    (A) by striking ``subsection (i)(1)(A)'' and 
                inserting ``subsection (i)(1)'';
                    (B) by striking ``for services furnished 
                beginning'' and all that follows through ``subsection 
                (i)(2)(D)''; and
                    (C) by striking ``such revised payment system'' and 
                inserting ``under subsection (i)(2)''.
            (3) Section 1833(a)(4) of such Act (42 U.S.C. 1395l(a)(4)) 
        is amended--
                    (A) by striking ``section 1833(i)(1)(A)'' and 
                inserting ``subsection (i)(1)''; and
                    (B) by striking ``paragraph (2) or (3) of 
                subsection (i)'' and inserting ``subsection (i)(1)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to ambulatory surgical center services furnished on or after 
January 1, 2008.
Ambulatory Surgical Center Medicare Payment Modernization Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to revise the requirements and the formula for payments for services furnished to individuals in ambulatory surgical centers.

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:
``Sec. 44723. Preemployment review of prospective pilot records
    ``(a) Pilot Records.--
            ``(1) In general.--Before allowing an individual to begin 
        service as a pilot, an air carrier shall request and receive 
        the following information:
                    ``(A) FAA records.--From the Administrator of the 
                Federal Aviation Administration, information pertaining 
                to the individual that is maintained by the 
                Administrator concerning--
                            ``(i) current airman certificates 
                        (including airman medical certificates) and 
                        associated type ratings, including any 
                        limitations 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 individual--
                            ``(i) records pertaining to the individual 
                        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 competence 
                                of the individual, including 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 
                                relating to the training, 
                                qualifications, proficiency, or 
                                professional competence 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 employment 
                                or resignation, termination, or 
                                disqualification with respect to 
                                employment.
                    ``(C) National driver register records.--From the 
                chief driver licensing official 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 request made under paragraph 
        (1) if the record was entered more than 5 years before the date 
        of the request, unless the information is about a revocation or 
        suspension of an airman certificate or motor vehicle 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 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 consent of the individual 
        whose records are being requested.
            ``(5) Deadline for provision of information.--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 provide to the individual whose records 
        have been requested--
                    ``(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 individual.
            ``(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 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) 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 qualifications 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 necessary to protect the 
                privacy of the pilot and the confidentiality of the 
                records, including ensuring 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 individual is 
                not hired, the air carrier shall destroy or return the 
                records of the individual received 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 individual 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 consent of the individual and to 
                inform the individual of the request and of the 
                individual's right to receive a copy of any records 
                furnished in response to the request.
            ``(12) Regulations.--The Administrator may prescribe such 
        regulations as may be necessary--
                    ``(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 individual who is seeking a 
        position with an air carrier as a pilot against--
                    ``(A) the air carrier for requesting the 
                individual's records under subsection (a)(1);
                    ``(B) a person who has complied with such request 
                and in the case of a request under subsection (a)(1) 
                (A) or (B) has obtained the written 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 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, 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 subdivision 
        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 furnishing or using records in 
        accordance with subsection (a).
            ``(3) Provision of knowingly false information.--Paragraphs 
        (1) and (2) shall not apply with respect to a person that 
        furnishes in response to a request made under subsection (a)(1) 
        information 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.''
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 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 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 request, unless the information 
is about a revocation or suspension 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.

SEC. 3. RULEMAKING TO ESTABLISH MINIMUM STANDARDS FOR PILOT 
              QUALIFICATIONS.

    Not later than 18 months after the date of the enactment of this 
Act, the Administrator of the Federal Aviation Administration shall 
issue a notice of a proposed rulemaking to establish--
            (1) minimum standards and criteria for preemployment 
        screening tests measuring the biographical factors (psychomotor 
        coordination), general 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 Administrator 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 Aviation 
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, 
qualifications, 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 Aviation 
Administration shall conduct a study to determine whether current 
minimum flight time requirements applicable 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.

Airline Pilot Hiring and Safety Act of 1996 - Amends Federal aviation law to require air carriers to request and receive a pilot applicant's record for the previous five years with respect to:  (1) current airman certificate, including any summaries of legal enforcement actions; (2) employment; and (3) motor vehicle driving record.  Prohibits any Federal or State court action for defamation or invasion of privacy against any carrier or person with respect to the furnishing or use of such records according to the requirements of this Act. 
Directs the Administrator of the Federal Aviation Administration (FAA) to issue a notice of proposed rulemaking to establish certain minimum standards for pilot qualifications for employment. 
Directs the Administrator of the FAA to study and report to the Congress on:  (1) the appropriateness of requiring the Secretary of Defense to provide an air carrier with the armed services records of an applicant pilot; and (2) whether current minimum flight time requirements applicable to individuals seeking employment as pilots with air carriers are sufficient to ensure public safety.