[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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