[Congressional Record Volume 142, Number 108 (Monday, July 22, 1996)]
[House]
[Pages H8046-H8049]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AIRLINE PILOT HIRING AND SAFETY ACT OF 1996
Mr. DUNCAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3536) 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, as
amended.
The Clerk read as follows:
H.R. 3536
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.''.
[[Page H8047]]
(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.
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, on Thursday, June 6, the House Transportation and
Infrastructure Committee reported the Airline Pilot Hiring and Safety
Act, H.R. 3536, by voice vote.
H.R. 3536 will go a long way in helping the airline industry weed out
poor pilots--and it will make sure that these pilots are kept out of
the system.
The legislation requires airlines to share the records of pilot job
applicants before they are hired.
These records include physical exams, drug tests, alcohol tests,
training records, proficiency and route checks, and others. It also
requires airlines to request the motor vehicle driving records of the
pilot from the National Register. None of this information can be
released without the pilot's prior written approval.
Over the last 7 years, as a result of airplane accidents involving
fatalities, the National Transportation Safety Board has recommended to
the FAA, on at least three different occasions, that pilot performance
records should be shared.
Since 1987, substandard airline pilots have contributed to several
fatal plane crashes, killing hundreds of people.
Among these pilots, one failed three flight tests in 6 years, one had
been fired five times for poor performance, two had substance abuse
problems, and the list goes on.
The Aviation Subcommittee, of which I chair held 2 days of hearings
on this issue just this past December. From those hearings there was
general consensus that the sharing of pilot records should be done.
H.R. 3536 provides airlines near total immunity from defamation
lawsuits. The only exception would be if the airline knowingly places
false information about a pilot in his or her record.
As I have said on several occasions, I believe that 99.9 percent of
the pilots who fly today are very good pilots. But, unfortunately, some
poor pilots have fallen through the cracks.
Again, on a bipartisan basis, we worked to craft a bill that I feel
confident every Member of the House can support.
H.R. 3536 has several cosponsors from both sides of the aisle. It is
also supported by the chairman of the full committee, Mr. Shuster, as
well as the ranking members of both the full committee and the Aviation
Subcommittee, Mr. Oberstar and Mr. Lipinski.
It is a good bill, a bipartisan bill, and it will help our make our
safe aviation system even safer. I urge Members to support its passage.
Mr. Speaker, I reserve the balance of my time.
Mr. LIPINSKI. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 3536, the Airline Pilot
Hiring and Safety Act.
This bill will require an airline to obtain the records of a pilot
from the pilot's previous employer before hiring that pilot. I think
it's clear to all of us why this makes sense. We learned from a 1994
crash in which the pilot flying that aircraft had been forced out by
another carrier because of poor performance. At the hearing the
Aviation Subcommittee held on this issue that December, there was
virtually unanimous agreement that a system needed to be set up for
airlines to share pilot records which protected the rights of both the
carriers and the pilots.
After considerable effort and through the leadership of Chairman
Duncan, we have found the appropriate balance. Neither the carriers nor
the pilots love this bill. But in the spirit of compromise we have
found a middle ground which I believe best serves the interests of the
flying public.
I do want to thank Chairman Duncan and Chairman Shuster for working
so closely with our side on this legislation. They have been very
receptive to improvements we have suggested and the end result is a
bill that we can all support.
Mr. Speaker, I urge support for this important safety legislation.
{time} 1300
Mr. Speaker, I reserve the balance of my time.
Mr. DUNCAN. Mr. Speaker, I yield such time as he may consume to the
gentleman from North Carolina [Mr. Heineman], one of the main people in
this Congress who is the biggest mover and shaker on this particular
piece of legislation. He has been in on this from the very beginning
and deserves a great deal of credit for this legislation.
(Mr. HEINEMAN asked and was given permission to revise and extend his
remarks.)
Mr. HEINEMAN. Mr. Speaker, today I rise in strong support of H.R.
3536, the Duncan-Heineman Airline Pilot Hiring Safety Act.
Mr. Speaker, on December 13, 1994, tragedy struck commuter Flight
3379. What began as a routine commuter flight from Greensboro, NC to
the Raleigh-Durham International Airport--in my own congressional
district--sadly turned to tragedy.
On that evening, the pilot of Flight 3379 attempted to land his twin
engine commuter plane in the fog and rain, but because of a tragic
miscalculation, the plane began spinning out of control and crashed on
a hillside near the airport.
That disaster took the lives of the pilot, his copilot, and 13 of 20
passengers. Federal investigators learned that the crash was a result
of pilot error. To make matters worse, the pilot of Flight 3379 had a
history of similar pilot errors, and in fact he had been recommended
for dismissal by another airline which previously employed him. His
questionable training records from that previous airline were not
available to his new employer when he was hired.
As USA Today reported:
``If [the pilot's] training records had been shared, 15
people might not have died on December 13, 1994, when a
[commuter] plane crashed near Raleigh-Durham, N.C.''
To quote further from the article:
``The FAA does not require airlines to verify flight
experience; to check FAA records
[[Page H8048]]
for accidents, violations, warnings or fines, or to check for
criminal records.'' (USA Today, September 26, 1995).
Mr. Speaker, on the 1-year anniversary of this terrible crash, as the
families of the victims struggled to make sense of the tragedy, I
introduced legislation to make sure that this kind of accident would
never happen again. I testified before the House Aviation Subcommittee,
and in the following months, I worked closely with my good friend,
Aviation Subcommittee Chairman John Duncan, to develop the bipartisan
legislation before us today.
This bill, the ``Duncan-Heineman Airline Pilot Hiring Safety Act''
will require airlines that are preparing to hire a new pilot request
certain safety records, some of which are maintained by the FAA, and
many of which are maintained by the airlines themselves.
This bill provides some necessary protections from lawsuits for
airlines that share safety records as required by law. The bill also
gives pilots the opportunity to check the accuracy of any records and
requires that pilots give their written approval before records are
released.
Mr. Speaker, this is a good bill, a bipartisan bill that will go a
long way toward making our airlines even safer. I want to thank
Aviation Subcommittee Chairman John Duncan and Transportation Committee
and Infrastructure Chairman Bud Shuster for their invaluable help in
developing this critically needed legislation and bringing it to the
floor. I also want to commend Representative Jim Oberstar, the ranking
member of the Transportation Committee, and Representative William
Lipinski, the ranking member of the Aviation Subcommittee for their
hard work in helping to craft this bipartisan bill.
I urge Members to support H.R. 3536.
Mr. LIPINSKI. Mr. Speaker, I yield such time as he may consume to the
gentleman from Minnesota [Mr. Oberstar], Mr. Aviation.
Mr. OBERSTAR. Mr. Speaker, I thank the gentleman for those very kind
remarks.
Mindful of Adlai Stevenson's injunction that it is all right to hear
praise of oneself as long as they do not inhale it, the two aviation
leaders in this Congress are the gentleman from Tennessee, the chairman
of the subcommittee, and the gentleman from Illinois [Mr. Lipinski],
ranking members of the subcommittee, and I am very grateful for the
splendid work they have done in carrying on the bipartisan tradition of
our subcommittee on aviation.
This legislation plugs a hole in the aviation safety system to insure
that we take every step to make that system as safe as it can possibly
be. Again our two leaders on this aviation subcommittee have worked in
a bipartisan fashion, very carefully and with great legislative
craftsmanship to address, as the gentleman from Illinois [Mr. Lipinski]
well put it, a measure and an issue that does not please either the
pilot community or the airline community. It will please, and it should
please, the traveling public.
This is an issue that we have dealt with in the aviation subcommittee
over a period of 3 or 4 years, drawing upon a recommendation several
times issued by the National Transportation Safety Board that the
transfer of training and employment records of pilots should be done
and should be made available from one airline to another airline when a
pilot is being considered for employment, changing employees, and it
should seem like a very straightforward and simple action. But in fact
it is not. It has taken us quite a long time to get to this point.
It is actually a very thorny thicket of issues that requires a
balance of interests while insuring that the safety benefits of
transferring those records are achieved, and the issues that have
arisen over a period of several years are privacy for the pilots,
liability for pilots and for airlines, the employer employee
relationship. But I think all of those questions are met very
responsibly and very effectively in this legislation.
The National Transportation Safety Board has found in a number of
accident investigations that the pilot involved had been dismissed from
previous employers for poor performance. But that history, those
records, Mr. Speaker, were not known to the current employer. Had it
been known, the pilot who caused or contributed to such accidents would
not have been hired, in all likelihood, or at least the airline doing
hiring would have been able to know about the background and do further
checks and do further investigation of the qualifications of that
applicant, and in some situations, very likely, accidents could have
been avoided.
I expect that upon enactment and enforcement of this legislation,
that another category of accidents will be eliminated, specifically
accidents caused by pilots who have previously been judged to be such
poor pilots that they had to be terminated by their airline employer.
The chairman has thoroughly described how the bill establishes a
system of record sharing with protections for pilots. The gentleman
from Illinois [Mr. Lipinski] has elaborated on it. But I just want to
emphasize how important it is that the pilots have the ability to
correct their records, that they will know under this legislation when
their record are being transferred and that they will have the ability
to seek damages against a person in their former employer airline who
may falsify a pilot's records. Those are very important privacy and
personal protections for pilots. They were right to be concerned about
those matters. Our committee has been right to address those issues and
has addressed them very effectively and soundly in this legislation.
Section 3 of the bill directs a rulemaking to establish new minimum
standards for pilot qualifications, another issue that pilots were
concerned about. Hiring in the airline industry is very cyclical, given
the economics of aviation. When there is low demand for travel, there
is low demand for pilots. Airlines can be choosy about who they select,
and they can and do pick pilots with more experience and more training.
When demand is high, the airlines, on simple supply and demand
purposes, hire pilots for less stringent criteria.
This bill will require the initiation of a regulatory proceeding to
determine the appropriate standards, to screen pilots for psychomotor
coordination, general intellectual capacity, instrument and mechanical
comprehension, physical fitness.
The bill will also establish minimum standards for pilot training
facilities to ensure that pilots will meet the new preemployment
standards.
The bill also requires a study of whether existing minimum flight
time requirements are sufficient to ensure safety in today's
increasingly sophisticated and complicated aircraft.
This bill is far greater than just transfer of records and the very
important issue of one airline knowing a pilot's complete history. It
sets standards for a range of issues that I just described, it will
elevate the whole quality of airmanship in today's highly complicated
pilot and cockpit environment, and I think this legislation, I say to
my two colleagues, does a great service to the traveling public and to
all of aviation for the future. It is a quantum leap forward, and I
commend both the gentleman from Tennessee [Mr. Duncan] and the
gentleman from Illinois [Mr. Lipinski] on the splendid job they have
done in bringing this matter forward. I urge its enactment, and I hope
the other body will act quickly upon it.
Mr. DUNCAN. Mr. Speaker, I have no additional speakers at this time,
and I reserve the balance of my time.
Mr. LIPINSKI. Mr. Speaker, I yield myself such time as I may consume.
I am going to conclude here, and I simply want to make a couple of
points.
First, when the gentleman from Tennessee [Mr. Duncan] and I referred
to the gentleman from Minnesota [Mr. Oberstar] as Mr. Aviation, there
is no jest in that whatsoever. We all sincerely believe that he knows
more about aviation than any person we have run into in this country or
in any country in the world. So we do not in any way, shape, or form
make light of that. We are bestowing upon him a title that we all
sincerely believe.
Second, I want to make the point that this bill really was a very
difficult bill to work out a reasonable compromise on. We had the
pilots on one side, the air carriers on another side, and I salute the
chairman for his steady hand in bringing us to an outstanding
compromise.
But, in all honesty, on this particular piece of legislation I salute
the staff
[[Page H8049]]
members on both sides who had to put up with the arguments coming forth
from the pilots and from the carriers, and I know that that was no easy
job listening to them repeatedly, and for the legislation that they
developed along with the Members of the committee I strongly salute
them.
So once again I say I support this bill enthusiastically, and I yield
back the balance of my time.
Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume to
simply echo the remarks of the ranking member, the gentleman from
Illinois [Mr. Lipinski]. In fact, a few minutes ago I whispered to Dave
Schaffer, our very fine staff director for the subcommittee, that I
thought many people watching the discussion on the Child Pilot Safety
Act and the Airline Pilot Hiring and Safety Act, these 2 bills, would
not fully realize that if we had gone too far in either direction on
either one of these bills, we could have turned either or both of these
bills into something very, very controversial, and instead everyone has
worked together in a very bipartisan and a very cordial fashion to
fashion legislation that I think merits the support of all of our
colleagues. And I, too, like Mr. Lipinski, want to thank the staff for
some outstanding work on these two bills, and also thank once again the
gentleman from Illinois [Mr. Lipinski] and the gentleman from Minnesota
[Mr. Oberstar], and I urge passage of this bill.
Mr. TRAFICANT. Mr. Speaker, as a member of the Transportation and
Infrastructure Subcommittee on Aviation, I rise in strong support of
H.R. 3536.
Over the past 8 years, there have been eight 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. 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 four miles short of the runway while attempting an instrument
controlled landing in poor weather conditions. Thirteen 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.
One of the passengers who died on flight 3379 was William Gibson of
Kernersville, NC. Mr. Gibson's mom, Mary Ann Gibson and his sister,
Susan Gibson Berson, testified before the Aviation subcommittee last
December. The Gibsons are residents of Warren, OH in my congressional
district. Mary Ann's husband, Howard Gibson, passed away on January 20.
Howard was also here when his wife testified. I can't think of a more
fitting tribute to this beautiful family than to get this legislation
enacted into law.
According to the NTSB, the probable cause of the American Eagle
flight 3379 accident was pilot error. American Eagle failed to
identify, document, monitor, and remedy deficiencies in pilot
performance and training.
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.
H.R. 3536 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
strikes a reasonable balance between safety and privacy. And the bill
does directly address another concern the pilot's 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, this is a good bill and I urge all Members to support it.
Mr. LAZIO of New York. Mr. Speaker, I rise in strong support of the
Airline Pilot Hiring and Safety Act, H.R. 3536, which we are
considering today. This bill requires an airline to perform a
background check on a pilot before that individual can be hired. It
also requires the FAA to establish minimum standards for pilot
qualifications, and work with the Department of Defense to determine if
military pilot records should be available to civilian airlines seeking
to hire former military pilots. Privacy safeguards are incorporated
into the bill.
Without question, the vast majority of airline pilots are well-
qualified individuals with impeccable records. Nevertheless, pilot
error occurs and there have been accidents because the pilot's flying
history was not known to the current employer. A tragic case in point
was the American Eagle flight 3379 crash on December 13, 1994 near
Raleigh-Durham Airport. This accident took the lives of the 15 people,
including my Long Island constituent, Kelly Ciulla. The National
Transportation Safety Board found that pilot error was the probable
cause. Disturbingly, the pilot has a history of poor performance with
errors similar to those that contributed to this crash and was forced
to quit his previous job with another airline because of his poor
piloting skills. However, American Eagle was not aware of the pilot's
flight record because this information is not traditionally shared
among the airlines.
Following investigations involving pilot error, the NTSB has
repeatedly recommended that the Federal Aviation Administration require
substantive background checks on pilot applicants, but the agency has
failed to do so. The consequences have been tragic and needlessly so.
The airlines must know that their pilots are highly qualified, and
the flying public deserves no less. At the request of Kelly Ciulla's
mother, Maureen Ryan, I cosponsored a similar bill introduced by
Congressman Heineman in whose congressional district the flight 3379
crash occurred. H.R. 3536 before us today has evolved from the bill.
Requiring pilot background checks is purely common sense and not
without precedent in other industries. The railroads, trucking
companies, defense contractors, and many school districts follow this
practice when they hire an employee.
I commend the leadership for bringing this H.R. 3536 to the floor,
and I urge my colleagues to support this long overdue legislation that
will save lives.
Mr. DUNCAN. Mr. Speaker, I yield back the balance of my time.
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. 3536, as amended.
The question was taken.
Mr. DUNCAN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
Mr. 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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