[Congressional Record Volume 142, Number 77 (Thursday, May 30, 1996)]
[Extensions of Remarks]
[Pages E960-E961]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              AIRLINE PILOT HIRING AND SAFETY ACT OF 1996

                                 ______


                      HON. JAMES A. TRAFICANT, JR.

                                of ohio

                    in the house of representatives

                         Thursday, May 30, 1996

  Mr. TRAFICANT. Mr. Speaker, as a member of the Transportation and 
Infrastructure Subcommittee on Aviation, I am pleased that today the 
subcommittee approved H.R. 3536, the Airline Pilot Hiring and Safety 
Act of 1996. The bill requires airlines to share pilot performance 
records.
  Over the past 8 years, there have been six commercial airplane 
crashes--all but one on small airlines. According to the National 
Transportation Safety Board, five of these crashes are attributable to 
pilot error; 111 people were killed in these crashes. In at least four 
of these fatal accidents, the employing airline was not aware that the 
pilots had documented histories of poor performance with other airlines 
that had employed them.
  One of these crashes occurred on December 13, 1994, when American 
Eagle flight 3379 on route from Greensboro, NC, to Raleigh-Durham 
crashed 4 miles short of the runway while attempting an instrument 
controlled landing in poor weather conditions. Thirteen

[[Page E961]]

passengers and the two crew members were killed. The pilot, Capt. Mike 
Hillis, was hired by American Eagle just 4 days after he was forced to 
quit by his previous employer because of poor piloting skills. American 
Eagle had no knowledge of his prior poor performance ratings or the 
fact that he had, in effect, been fired for poor piloting skills.
  One of the passengers who died on flight 3379 was William Gibson of 
Kernersville, NC. Mr. Gibson's parents, Mary Ann and Howard Gibson, and 
his sister, Susan Gibson Berson traveled to Washington, DC, last 
December to appear before a subcommittee hearing on this issue. Mary 
Ann and Howard came all the way from Warren, OH, in my congressional 
district. The approval of H.R. 3536 today by the subcommittee is a 
testament to the hard work, dedication, and vision of the Gibson family 
and countless other families who have lost loved ones in plane crashes 
caused by pilot error.
  It sorrows me to note that on January 20 of this year, Howard Gibson 
passed away. I can't think of a more fitting tribute to Howard Gibson 
and his son, William, than approval of H.R. 3536.
  William Gibson was 39 years old when he died. In addition to his 
parents and sisters, he left behind his wife, Roberta, and three 
beautiful children: Katie, age 12; Courtney, age 9; and Ross, age 4. 
William was a senior executive accountant for American Sunroof Corp.
  His death was a tragedy--a tragedy shared by the families and friends 
of other victims who died in airplane accidents that could have been 
avoided if the employing airline knew of the pilot's previous record.
  According to the NTSB, the probable cause of the American Eagle 
flight 3379 accident was pilot error. The pilot mistakenly assumed that 
an engine had failed, and the pilot subsequently failed to follow 
approved procedures for engine failure, single-engine approach and go-
around, and stall recovery. Most significantly, the NTSB found that a 
key contributor to the accident was the failure of American Eagle to 
identify, document, monitor, and remedy deficiencies in pilot 
performance and training.
  The Federal Aviation Administration does not require a potential 
employer to conduct a pilot applicant background check. While the FAA 
requires airlines to conduct security checks of pilot applicants, there 
is no FAA requirement to verify flight experience, determine an 
applicant's safety/enforcement history, pilot training and performance 
in the pilot's previous position, or any criminal or driving history.
  The Airline Pilot Hiring and Safety Act requires an airline to obtain 
the records of a pilot from the pilot's previous employer before hiring 
that pilot. The bill requires airlines to keep pilot records for up to 
5 years, and allows pilots full access to their records and notice of 
whenever records are being provided. The bill also provides immunity to 
airlines unless the airline knowingly lies about the pilot's record.
  I would like to note for the record that the airline pilots have 
raised some legitimate concerns about this bill. They argue that many 
pilot training records are subjective, and requiring record sharing and 
background checks will result in the sanitization of pilot records to 
protect pilots' careers. This, they argue, would have the effect of 
making the system less safe.
  While I understand the pilots' concerns, I believe the bill before us 
strikes a reasonable balance between safety and privacy. And the bill 
does directly address another concern the pilots raised by requiring 
the FAA to issue a proposed rule within 18 months establishing minimum 
standards for pilot qualifications. The airline pilots are right on 
target when they note that one way to address the safety issue is for 
the FAA to standardize and tighten pilot hiring standards.
  I would also repeat that the bill allows pilots to sue airlines if an 
airline lied about a pilot. The bill also includes clear language 
safeguarding the privacy of pilot records.
  On balance, H.R. 3536 is a good bill and I am proud to support it. 
Most importantly, I am proud of Mary Ann Gibson, her daughter Susan, 
and the entire Gibson family for the work they have done to move this 
legislation forward. It is my sincere hope that this legislation is 
enacted into law this year.

                          ____________________