[Congressional Record Volume 143, Number 157 (Sunday, November 9, 1997)]
[House]
[Pages H10559-H10561]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CLARIFICATIONS TO PILOT RECORDS IMPROVEMENT ACT OF 1996
Mr. DUNCAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2626) to make clarifications to the Pilot Records
Improvement Act
[[Page H10560]]
of 1996, and for other purposes, as amended.
The Clerk read as follows:
H.R. 2626
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. RECORDS OF EMPLOYMENT OF PILOT APPLICATIONS.
Section 44936(f) of title 49, United States Code, is
amended--
(1) in paragraph (1) by striking ``Before hiring an
individual'' and inserting ``Subject to paragraph (14),
before allowing an individual to begin service''; (2) in
paragraph (1)(B) by inserting ``as a pilot of a civil or
public aircraft'' before ``at any time''; (3) in paragraph
(4)--
(A) by inserting ``and air carriers'' after
``Administrator''; and
(B) by striking ``paragraph (1)(A)'' and inserting
``paragraphs (1)(A) and (1)(B)'';
(4) in paragraph (5) by striking ``this paragraph'' and
inserting ``this subsection'';
(5) in paragraph (10)--
(A) by inserting ``who is or has been'' before
``employed''; and
(B) by inserting ``, but not later than 30 days after the
date'' after ``reasonable time''; and (6) by adding at the
end the following:
``(14) Special rules with respect to certain pilots.--
``(A) Pilots of certain small aircraft.--Notwithstanding
paragraph (1), an air carrier, before receiving information
requested about an individual under paragraph (1), may allow
the individual to begin service for a period not to exceed 90
days as a pilot of an aircraft with a maximum payload
capacity (as defined in section 119.3 of title 14, Code of
Federal Regulations) of 7,500 pounds or less, or a
helicopter, on a flight that is not a scheduled operation (as
defined in such section). Before the end of the 90-day
period, the air carrier shall obtain and evaluate such
information. The contract between the carrier and the
individual shall contain a term that provides that the
continuation of the individual's employment, after the last
day of the 90-day period, depends on a satisfactory
evaluation.
``(B) Good faith exception.--Notwithstanding paragraph (1),
an air carrier, without obtaining information about an
individual under paragraph (1)(B) from an air carrier or
other person that no longer exists, may allow the individual
to begin service as a pilot if the air carrier required to
request the information has made a documented good faith
attempt to obtain such information.''.
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, H.R. 2626, as amended, was approved by the Subcommittee
on Aviation on October 23 and by the full Committee on Transportation
and Infrastructure on October 29. This bill was introduced on October 7
by myself; the chairman of the full Committee on Transportation and
Infrastructure, the gentleman from Pennsylvania [Mr. Shuster]; the
ranking member of the full committee, the gentleman from Minnesota [Mr.
Oberstar]; and the ranking member of the Subcommittee on Aviation, the
gentleman from Illinois [Mr. Lipinski]. We also have many additional
cosponsors representing all areas of the country.
Last year this subcommittee and the Congress passed legislation, H.R.
3536, requiring airlines to check a pilot's performance records before
hiring them. In fact, the House approved the bill by a vote of 401 to
0. This legislation followed seven fatal accidents involving commuter
airlines in which pilot error was to blame. The pilot had a record of
poor performance at his previous employer, and the record of that poor
performance was not checked before the airline hired him.
The Subcommittee on Aviation held 2 days of hearings on this subject
in December 1995 before passing H.R. 3536 in July of last year. H.R.
3556 was eventually incorporated into the FAA Reauthorization Act,
which the President signed in October of last year. This law currently
requires airlines and the FAA to share a pilot's performance record
with the prospective employer within 30 days of a request from that
employer.
The problem is that the FAA is not meeting the 30-day deadline. This
creates problems for many small aviation businesses that need to hire
pilots quickly. In fact, I have heard from several of these small
businesses from all across the Nation. As a result, H.R. 2626 was
introduced with bipartisan support, as I have previously mentioned.
The bill would first allow all airlines to hire and train pilots, but
not actually fly passengers while waiting to receive the pilot's
records; and, secondly, allow small air taxis, those that one can
charter, but that do not fly scheduled service, to hire and train and
also to fly passengers for 90 days while waiting to receive the pilot's
records.
{time} 2245
Finally, Mr. Speaker, H.R. 2626, as amended, would also require an
airline to provide a pilot with his or her records as requested within
30 days. This was based on a recommendation from the Air Line Pilots
Association and is consistent with other sections of the law.
H.R. 2626 is a good bill, a bipartisan bill, and enjoys support from
all sectors of the aviation industry. I urge its adoption.
Mr. Speaker, I reserve the balance of my time.
Mr. LIPINSKI. Mr. Speaker, I yield myself such time as I may consume.
(Mr. LIPINSKI asked and was given permission to revise and extend his
remarks.)
Mr. LIPINSKI. Mr. Speaker, I rise in support of H.R. 2626, a bill
making clarifications to the Pilots Records Improvement Act. The act,
which was passed last year, required airlines hiring pilots to obtain
pertinent safety information from the Federal Aviation Administration,
the National Drivers Registry, and former airline employers. Ensuring
that potential employers had access to this type of information
enhanced safety and that airlines could make more informed hiring
decisions.
The modifications contained in this bill clarify certain provisions
in last year's legislation. In addition, it permits carriers to hire
and train pilots prior to receiving records but would still require
that they could not operate commercial flights until the records were
received and reviewed. The House passed a version of this bill last
year that contained this provision, but it was modified in conference.
Finally, it recognizes that air taxis are a unique segment of the
aviation industry and one that has been disproportionately impacted by
last year's legislation. Typically air taxis are small businesses.
Although there is a legislative requirement that a requesting carrier
be forwarded pertinent records within 30 days, we recognize that this
is frequently not happening. Carriers sometimes wait for several months
before receiving requested records.
This delay, while troubling, is not a significant problem for major
carriers with a large pilot work force. However, when a single pilot
represents 20 to 25 percent of the work force, the company's finances
are severely affected. While I do not condone the failure of various
entities to comply with the statutory requirement to provide pilot
records within 30 days, I recognize that this failure threatens to put
many air taxis out of business.
Consequently, this bill would allow air taxis to permit pilots to
begin to fly commercial operations for up to 90 days while waiting for
required records. I believe the provision's limited applicability does
not undermine the intent of the original legislation.
I urge the FAA to enforce this existing requirement that records be
provided within 30 days and take whatever enforcement action may be
necessary to ensure that records are forwarded within this time frame.
Mr. Speaker, both last year's legislation on this matter and the bill
before us today have broad bipartisan support. I commend the gentleman
from Tennessee, [Mr. Duncan], for his leadership on this bill. The
bipartisan manner in which he guides the subcommittee strongly enhances
our ability to improve aviation safety. I also recognize the help and
support of the chairman and ranking member of the committee, the
gentleman from Pennsylvania [Chairman Shuster], and the gentleman from
Minnesota, the ranking member [Mr. Oberstar]. I urge my colleagues to
join me in supporting this important legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. DUNCAN. Mr. Speaker, I would simply at this point like to thank
the gentleman from Illinois [Mr. Lipinski] for the cooperation and the
friendship and the bipartisan way in which he has conducted all of his
activities and has represented his side on all aviation
[[Page H10561]]
matters. I have been told by several people that he and I have about
the best relationship of any chairman and ranking Member in the
Congress. I do not know whether that is true or not, but if it is not
true, it is close anyway. I just wanted to say that for the record.
Mr. Speaker, I have no further speakers at this time, and I yield
back the balance of my time.
The SPEAKER pro tempore. 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. 2626, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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