[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1461 Introduced in Senate (IS)]


104th CONGRESS
  1st Session
                                S. 1461

To amend title 49, United States Code, relating to required employment 
                       investigations of pilots.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 8, 1995

  Mr. McCain introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, relating to required employment 
                       investigations of pilots.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
    That section 44936 of title 49, United States Code, is amended by 
adding at the end thereof the following:
    ``(f) Records of Employment.--
            ``(1) In general.--An air carrier or foreign air carrier 
        receiving an application for employment from an individual 
        seeking a position as a pilot may request and receive records 
        described in paragraph (2) relating to that individual's 
        employment from any person who has employed that individual at 
        any time during the 5 years preceding the application.
            ``(2) Records to which subsection applies.--The records 
        referred to in paragraph (1) are--
                    ``(A) the personnel file of the individual;
                    ``(B) any records maintained under the 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 title 14, Code of 
                        Federal Regulations;
                            ``(iii) section 125.401 of title 14, Code 
                        of Federal Regulations;
                            ``(iv) section 127.301 of title 14, Code of 
                        Federal Regulations; and
                            ``(v) section 135.63(a)(4) of title 14, 
                        Code of Federal Regulations; and
                    ``(C) any other records concerning--
                            ``(i) the training, qualifications, 
                        proficiency, or professional competence of the 
                        individual;
                            ``(ii) any disciplinary action taken by the 
                        employer with respect to the individual; and
                            ``(iii) the release from employment, 
                        resignation, termination, or disqualification 
                        of the individual.
            ``(3) Right to receive notice and copy of any record 
        furnished.--An individual whose employment records have been 
        requested under paragraph (1) of this subsection--
                    ``(A) shall receive written notice from each person 
                providing a record in response to a request under 
                paragraph (1) of the individual's right to receive such 
                copies; and
                    ``(B) is entitled to receive copies of any records 
                provided by the individual's employer or a former 
                employer to any air carrier or foreign air carrier.
            ``(4) Reasonable charges for processing requests and 
        furnishing copies.--A person who receives a request under 
        paragraph (1) may establish a reasonable charge for the cost of 
        processing the request and furnishing copies of the requested 
        records.
            ``(5) Standard forms.--The Administrator shall promulgate--
                    ``(A) standard forms which may be used by an air 
                carrier or foreign air carrier to request records under 
                paragraph (1) of this subsection; and
                    ``(B) standard forms which may be used by any 
                employer receiving a request under paragraph (1) for 
                records to inform the individual to whom the records 
                relate of the request and of the individual's right to 
                receive copies of any records provided in response to 
                the request.
            ``(6) 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) of this subsection and to protect the 
                confidentiality of those records;
                    ``(B) to limit the further dissemination of records 
                received under paragraph (1) of this subsection by the 
                person who requested them; and
                    ``(C) to ensure prompt compliance with any request 
                under paragraph (1) of this subsection.
    ``(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 
        a position described in subsection (a)(1) of this section 
        against--
                    ``(A) an air carrier or foreign air carrier with 
                which the individual has filed such an application for 
                requesting the individual's records under subsection 
                (f)(1);
                    ``(B) a person who has complied with such a 
                request; or
                    ``(C) an agent or employee of a person described in 
                subparagraph (A) or (B) of this paragraph
        in the nature of an action for defamation, invasion of privacy, 
        negligence, interference with contract, or otherwise, or under 
        any State or Federal law with respect to the furnishing or use 
        of such records in accordance with subsection (f) of this 
        section.
            ``(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 (f) of this section.''.
                                 <all>