EMPLOYMENT INVESTIGATIONS OF PILOT APPLICANTS.

SEC. 502. EMPLOYMENT INVESTIGATIONS OF PILOT APPLICANTS. (a) In General.— Section 44936 is amended by adding at the end the following: “(f) Records of Employment of Pilot Applicants.— “(1) In general.— Before hiring an individual as a pilot, an air carrier shall request and receive the following information: “(A) FAA records.— From the Administrator of the Federal Aviation Administration, records pertaining to the individual that are maintained by the Administrator concerning— “(i) current airman certificates (including airman medical certificates) and associated type ratings, including any limitations to those certificates and ratings; and “(ii) summaries of legal enforcement actions resulting in a finding by the Administrator of a violation of this title or a regulation prescribed or order issued under this title that was not subsequently overturned. “(B) Air carrier and other records.— From any air carrier or other person that has employed the individual at any time during the 5-year period preceding the date of the employment application of the individual, or from the trustee in bankruptcy for such air carrier or person— “(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 110 STAT. 3260 “(ii) other records pertaining to the individual that are maintained by the air carrier or person 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 taken with respect to the individual that was not subsequently overturned; and “(III) any release from employment or resignation, termination, or disqualification with respect to employment. “(C) National driver register records.— In accordance with section 30305(b)(7), from the chief driver licensing official of a State, information concerning the motor vehicle driving record of the individual. “(2) Written consent; release from liability.— An air carrier making a request for records under paragraph (1)— “(A) shall be required to obtain written consent to the release of those records from the individual that is the subject of the records requested; and “(B) may, notwithstanding any other provision of law or agreement to the contrary, require the individual who is the subject of the records to request to execute a release from liability for any claim arising from the furnishing of such records to or the use of such records by such air carrier (other than a claim arising from furnishing information known to be false and maintained in violation of a criminal statute). “(3) 5-year reporting period.— A person shall not 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 concerns a revocation or suspension of an airman certificate or motor vehicle license that is in effect on the date of the request. “(4) Requirement to maintain records.— The Administrator shall maintain pilot records described in paragraph (1)(A) for a period of at least 5 years. “(5) Receipt of consent; provision of information.— A person shall not furnish a record in response to a request made under paragraph (1) without first obtaining a copy of the written consent of the individual who is the subject of the records requested. A person who receives a request for records under this paragraph shall furnish a copy of all of such requested records maintained by the person not later than 30 days after receiving the request. “(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 who is the subject of the records— “(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 110 STAT. 3261 “(B) in accordance with paragraph (10), 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 under paragraph (1) or (6) may establish a reasonable charge for the cost of processing the request and furnishing copies of the requested records. “(8) Standard forms.— The Administrator shall promulgate— “(A) standard forms that may be used by an air carrier to request records under paragraph (1); and “(B) standard forms that may be used by an air carrier to— “(i) obtain the written consent of the individual who is the subject of a request under paragraph (1); and “(ii) inform the individual of— “(I) the request; and “(II) the individual right of that individual to receive a copy of any records furnished in response to the request. “(9) Right to correct inaccuracies.— An air carrier that maintains or requests and receives the records of an individual under paragraph (1) 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. “(10) Right of pilot to review certain records.— Notwithstanding any other provision of 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) (i) or (ii) pertaining to the employment of the pilot. “(11) Privacy prottections.— 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. The 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 information contained in the records is not divulged to any individual that is not directly involved in the hiring decision. “(12) Periodic review.— Not later than 18 months after the date of the enactment of the Pilot Records Improvement Act of 1996, and at least once every 3 years thereafter, the Administrator shall transmit to Congress a statement that contains, taking into account recent developments in the aviation industry— “(A) recommendations by the Administrator concerning proposed changes to Federal Aviation Administration records, air carrier records, and other records required to be furnished under subparagraphs (A) and (B) of paragraph (1); or “(B) reasons why the Administrator does not recommend any proposed changes to the records referred to in subparagraph (A). 110 STAT. 3262 “(13) Regulations.— The Administrator may prescribe such regulations as may be necessary— “(A) to protect— “(i) the personal privacy of any individual whose records are requested under paragraph (1); and “(ii) the confidentiality of those records; “(B) to preclude the further dissemination of records received under paragraph (1) by the person who requested those records; and “(C) to ensure prompt compliance with any request made under paragraph (1). “(g) Limitation on Liability; Preemption of State Law.— “(1) Limitation on liability.— No action or proceeding may be brought by or on behalf of an individual who has applied for or is seeking a position with an air carrier as a pilot and who has signed a release from liability, as provided for under paragraph (2), against— “(A) the air carrier requesting the records of that individual under subsection (f)(1); “(B) a person who has complied with such request; “(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 or State law with respect to the furnishing or use of such records in accordance with subsection (f). “(2) Preemption.— No State or political subdivision thereof may enact, prescribe, issue, continue in effect, or enforce any law (including any 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 (f). “(3) Provision of knowingly false information.— Paragraphs (1) and (2) shall not apply with respect to a person who furnishes information in response to a request made under subsection (f)(1), that— “(A) the person knows is false; and “(B) was maintained in violation of a criminal statute of the United States. “(h) Limitation on Statutory Construction.—Nothing in subsection (f) 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 Administrator, the National Transportation Safety Board, or a court.”. (b) Conforming Amendments.— Section 30305(b) is amended— (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following: “(7) An individual who is 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 paragraph (2) to the prospective employer of the individual or to the Secretary of Transportation. Information may not be obtained from the National Driver Register under this subsection if the information was entered in the Register more than 5 years before the request unless the information is about 110 STAT. 3263a revocation or suspension still in effect on the date of the request.”. (c) Civil Penalties.— Section 46301, as amended by section 1220(b) of this Act, is further amended— (1) in each of subsections (a)(1)(A), (d)(2), and (f)(1)(A)(i) by inserting “44724,” after “44718(d),”; and (2) in subsection (a)(2)(A) by inserting “44724,” after “44716,”. (d) Applicability.— The amendments made by this section shall apply to any air carrier hiring an individual as a pilot whose application was first received by the carrier on or after the 120th day following the date of the enactment of this Act.