Pilot Records Improvement Act of 1996
Public Law 104-264, Section 502, October 9, 1996, (effective 02/06/97)
As Amended by:
Public Law 105-142 (effective 12/06/97);
Public Law 106-181(effective 04/05/00), and,
Public Law 107-71 (effective November 19, 2001)

Title 49 United States Code (49 U. S. C.) § 44703, as amended:

(h) RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.

   (1) IN GENERAL. Subject to paragraph (14), 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, 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, except a branch of the United States Armed Forces, the National Guard, or a reserve component of the United States Armed Forces, that has employed the individual as a pilot of a civil or public aircraft 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

         (ii) other records pertaining to the individual’s performance as a pilot 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)(8) of this title, 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 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 and air carriers shall maintain pilot records described in paragraphs (1)(A) and (1)(B) 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; except that, for the purposes of paragraph (15), the 
Administrator may allow an individual designated by the Administrator to accept and maintain written consent on behalf of the Administrator for records requested under paragraph (1)(A).  A person who receives a request for records under this subsection 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

      (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 who is or has been employed by such carrier, make available, within a reasonable time, but not later than 30 days after the date 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 PROTECTIONS. 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 [enacted Oct. 9, 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).

   (13) REGULATIONS. The Administrator shall 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 disseminated under paragraph (15); 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).

   (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 or from a foreign government or entity that employed the individual, 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.

   (15)  ELECTRONIC ACCESS TO FAA RECORDS.  For the purpose of increasing timely and efficient access to Federal Aviation Administration records described in paragraph (1), the Administrator may allow, under terms established by the Administrator, an individual designated by the air carrier to have electronic access to a specified database containing information about such records.  The terms shall limit such access to instances in which information in the database is required by the designated individual in making a hiring decision concerning a pilot applicant and shall require that the designated individual provide assurances satisfactory to the Administrator that information obtained using such access will not be used for any purpose other than making the hiring decision.

(i) 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 (h)(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 (h).

   (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 (h).

   (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 (h)(1), that—

      (A) the person knows is false; and

      (B) was maintained in violation of a criminal statute of the United States.

(j) LIMITATION ON STATUTORY CONSTRUCTION.  Nothing in subsection (h) 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.