[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3536 Engrossed in House (EH)]
2d Session
H. R. 3536
_______________________________________________________________________
AN ACT
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.
104th CONGRESS
2d Session
H. R. 3536
_______________________________________________________________________
AN ACT
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.
Be it enacted by the Senate and House of Representatives 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:
``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:
Clerk.