[105th Congress Public Law 142]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ142.105]


[[Page 111 STAT. 2650]]

Public Law 105-142
105th Congress

                                 An Act


 
To make clarifications to the Pilot Records Improvement Act of 1996, and 
       for other purposes. <<NOTE: Dec. 5, 1997 -  [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 APPLICANTS.

    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.

[[Page 111 STAT. 2651]]

                    ``(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.''.

    Approved December 5, 1997.

LEGISLATIVE HISTORY--H.R. 2626:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 105-372 (Comm. on Transportation and Infrastructure).
CONGRESSIONAL RECORD, Vol. 143 (1997):
            Nov. 9, considered and passed House.
            Nov. 13, considered and passed Senate.

                                  <all>