[Congressional Record Volume 142, Number 108 (Monday, July 22, 1996)]
[House]
[Pages H8044-H8046]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         CHILD PILOT SAFETY ACT

  Mr. DUNCAN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3267) to amend title 49, United States Code, to prohibit 
individuals who do not hold a valid private pilots certificate from 
manipulating the controls of aircraft in an attempt to set a record or 
engage in an aeronautical competition or aeronautical feat, and for 
other purposes.
  The Clerk read as follows:

                               H.R. 3267

       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 ``Child Pilot Safety Act''.

     SEC. 2. MANIPULATION OF FLIGHT CONTROLS.

       (a) In General.--Chapter 447 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 44724. Manipulation of flight controls

       ``(a) Prohibition.--No pilot in command of an aircraft may 
     allow an individual who does not hold--
       ``(1) a valid private pilots certificate issued by the 
     Administrator of the Federal Aviation Administration under 
     part 61 of title 14, Code of Federal Regulations; and
       ``(2) the appropriate medical certificate issued by the 
     Administrator under part 67 of such title,

     to manipulate the controls of an aircraft if the pilot knows 
     or should have known that the individual is attempting to set 
     a record or engage in an aeronautical competition or 
     aeronautical feat, as defined by the Administrator.
       ``(b) Revocation of Airmen Certificates.--The Administrator 
     shall issue an order revoking a certificate issued to an 
     airman under section 44703 of this title if the Administrator 
     finds that while acting as a pilot in command of an aircraft, 
     the airman has permitted another individual to manipulate the 
     controls of the aircraft in violation of subsection (a).
       ``(c) Pilot in Command Defined.--In this section, the term 
     `pilot in command' has the meaning given such term by section 
     1.1 of title 14, Code of Federal Regulations.''.
       (b) Conforming Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following:

``44724. Manipulation of flight controls.''.

     SEC. 3. CHILDREN FLYING AIRCRAFT.

       (a) Study.--The Administrator of the Federal Aviation 
     Administration shall conduct a study of the impacts of 
     children flying aircraft.
       (b) Considerations.--In conducting the study, the 
     Administrator shall consider the effects of imposing any 
     restrictions on children flying aircraft on safety and on the 
     future of general aviation in the United States.
       (c) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Administrator shall issue a report 
     containing the results of the study, together with 
     recommendations on--
       (1) whether the restrictions established by the amendments 
     made by section 2 should be modified or repealed; and
       (2) whether certain individuals or groups should be exempt 
     from any age, altitude, or other restrictions that the 
     Administrator may impose by regulation.
       (d) Regulations.--As a result of the findings of the study, 
     the Administrator may issue regulations imposing age, 
     altitude, or other restrictions on children flying aircraft.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Tennessee [Mr. Duncan] and the gentleman from Illinois [Mr. Lipinski] 
each will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee [Mr. Duncan].
  Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the Transportation and Infrastructure Committee, chaired 
by the gentleman from Pennsylvania [Mr. Shuster], reported H.R. 3267 by 
voice vote on June 6.
  The bill was introduced on April 18 by myself, along with the 
chairman of the full committee, Bud Shuster, Aviation Subcommittee 
Ranking Member Bill Lipinski, Aviation Subcommittee Vice Chairman Jerry 
Weller, the chairman of the Government Reform and Oversight Committee, 
Bill Clinger, as well as Jim Ross Lightfoot, Bill Paxon, and Bill 
Martini.
  Since the introduction of this legislation several other Members of 
the House have added their names as cosponsors.
  According to the National Transportation Safety Board, since 1964 
there have been 178 accidents and incidents involving pilots 16 years 
of age and younger.

[[Page H8045]]

  And, as we all know, last April, 7-year-old Jessica Dubroff attempted 
to become the youngest pilot to fly across the United States.
  Unfortunately, Jessica, her father, and a flight instructor were 
killed while attempting to set this record.
  Specifically, H.R. 3267 requires a private pilot license for any 
person attempting to break an aviation record.
  The bill also requires a study to be conducted by the FAA to 
determine if any additional rules or guidelines should be put in place 
for children flying aircraft.
  So, I think we have a balanced approach that focuses on the media-
driven publicity stunts without imposing any additional regulations or 
undue restrictions on the entire aviation community.
  H.R. 3267 has strong support from the general aviation community, 
including the Aircraft Owners and Pilots Association, the General 
Aviation Manufacturers Association, and the National Air Transport 
Association.
  The bill is also supported by the Federal Aviation Administration, 
the Department of Transportation, and several Members from both sides 
of the aisle.
  It is a good bill, a balanced bill, and I think it is one that will 
merit the support of all Members.
  I might just say, Mr. Speaker, that because of the terrible tragedy 
of flight 800 by TWA, the attention being given to aviation safety 
right at this time is understandably extremely high, and the public is 
demanding that we take every step possible to make sure that our 
aviation system is as safe and secure as possible.
  This bill, along with two companion bills that we will act on 
shortly, are judicial steps that this Congress can take and can be 
proud of in working to make sure that our aviation system is as safe as 
possible, and we will be doing additional things and holding additional 
hearings as we move on through the coming weeks and months.
  Mr. Speaker, I urge the support of all my colleagues for H.R. 3267, 
and I reserve the balance of my time.

                              {time}  1245

  Mr. LIPINSKI. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, Chairman Duncan and I introduced H.R. 3267 following the 
tragic death of 7-year-old Jessica Dubroff on April 11, 1996, while 
trying to set a record as the youngest pilot.
  This legislation has widespread support in the aviation community 
because the bill allows the FAA to study whether further restrictions 
should be placed on children flying aircraft instead of establishing a 
minimum age at which a child can manipulate the controls of an aircraft 
in the statute. I believe that it may well be appropriate for us to 
establish such a minimum age, but I am willing to wait until the FAA 
completes its study before taking any action.
  Mr. Speaker, H.R. 3267 is responsible legislation that addresses the 
issue without overreacting. I urge its adoption.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Minnesota [Mr. Oberstar], ranking member of the Committee on 
Transportation and Infrastructure.
  Mr. OBERSTAR. Mr. Speaker, I thank the gentleman for yielding me the 
time.
  I also strongly support the Child Pilot Safety Act, H.R. 3267. It is 
regrettable that we should even be here discussing such legislation, 
but out of necessity we are. The bill was drafted in response to a 
tragic accident that took the life of Jessica Dubroff, a precocious 7-
year-old who was attempting to be the youngest person to manipulate the 
controls of an aircraft across the North American Continent.
  As the committee heard in the hearings that the gentleman from 
Tennessee, Chairman Duncan, called and the ranking member, the 
gentleman from Illinois, Mr. Lipinski, participated in and help craft, 
we have to keep in mind that Jessica was not the pilot in command of 
the fatal flight. The decision to take off in foul weather was not 
hers. The decision to fly in aircraft that was reportedly overweight 
was not the child's. The decision to allow her to manipulate the 
controls of that aircraft at any time during that flight and prior to 
the tragic accident was not the child's decision. It was a decision of 
the pilot in command, an experienced pilot, a flight instructor who 
should have known better.
  As we have discussed and Chairman Duncan and ranking member Lipinski 
have said again and again, we cannot legislate good judgment into the 
minds and hearts and soles of pilots, but we can erect some very strong 
barriers. That is what this legislation does.
  To the extent that we legislate in this arena, we must legislate with 
the right objective in mind. The pilot in command, the flight 
instructor, not the child who is on board that aircraft but the pilot 
in command, to make that person doubly, triple aware that at all times, 
regardless of circumstances, regardless of societal pressures or other 
social pressures, they have to think first of safety. That is what this 
legislation does.
  The child's interest in and enthusiasm for flying should be nurtured. 
It ought to be stimulated, as it has been from the dawn of civil 
aviation. For that purpose, there are junior aviation clubs all across 
America. The Young Eagles, I think of in my own district in Minnesota, 
Young Eagles Club at Mora, directed by, coached by Judy Rice, who is a 
very enthusiastic pilot herself, was appalled that a child would be in 
an aircraft under such weather conditions with the pressure of trying 
to create a record of flying across America for a child of that age.
  The Young Eagles Clubs, the Civil Air Patrol, the Aviation Explorer 
Scouts Groups, all give plenty of opportunities for young people to 
become enthused about aviation to become our future pilots, but never 
should they be exposed to such questionable and dangerous conditions as 
preceded that single tragic accident, nor should all those program be 
sacrificed because of one tragic accident.
  I believe that, as a result of the good judgment that Mr. Lipinski 
and Mr. Duncan have exercised in crafting this legislation, that it is 
unlikely that flight instructors will participate in any such 
questionable record setting activities in the future. Again, we are not 
trying to legislate good judgment, but we are trying to send up very 
strong signals to the flying public and to the most experienced of 
instructors, instructor core throughout this country, stop, take stock, 
think carefully; lives are in your hands.
  I commend the gentleman from Illinois, and I commend the gentleman 
from Tennessee for this legislation. I urge its passage.
  Mr. DUNCAN. Mr. Speaker, I reserve the balance of my time.
  Mr. LIPINSKI. Mr. Speaker, I yield myself such time as I may consume.
  I simply want to say that I appreciate very much the cooperation, the 
consideration given to me in crafting this bill by the gentleman from 
Tennessee, Chairman Duncan. I want to congratulate the staff on the 
Republican side and the Democratic side for working on this and coming 
up with this legislation. I salute them all. I urge passage of this 
bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume.
  Let me simply in closing echo the words of the gentleman from 
Illinois [Mr. Lipinski]. If there is any other subcommittee in this 
Congress where there is a better relationship between the ranking 
member and the chairman, I would like to know about it. The 
Subcommittee on Aviation has a history of working together in a very 
bipartisan way.
  Sometimes all the publicity is given to our divisions up here, and 
people do not realize that on many important pieces of legislation the 
Members on both sides of the aisle work well together. I think this is 
in part due to a close relationship that I have with my ranking member, 
Mr. Lipinski, but also it is a tribute to the ranking member of the 
full committee, the gentleman from Minnesota, Mr. Oberstar, who served 
for many years as the chairman of this subcommittee and who is 
recognized in this Congress and is often referred to as Mr. Aviation.
  I appreciate the work that they have done on this bill and the 
comments they have made. I think we have a good bill. It is a bill that 
will correct the abuses without overreaching.
  I urge passage of this bill.
  Mr. Speaker, I yield back the balance of my time.

[[Page H8046]]

  The SPEAKER pro tempore (Mr. Coble). The question is on the motion 
offered by the gentleman from Tennessee [Mr. Duncan] that the House 
suspend the rules and pass the bill, H.R. 3267.
  The question was taken.
  Mr. DUNCAN. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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