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S. 571 (114th): Pilot’s Bill of Rights 2

The text of the bill below is as of Dec 9, 2015 (Reported by Senate Committee).


II

Calendar No. 319

114th CONGRESS

1st Session

S. 571

IN THE SENATE OF THE UNITED STATES

February 25, 2015

(for himself, Mr. Manchin, Mr. Boozman, Mrs. Shaheen, Mr. Daines, Mr. Casey, Mr. Wicker, Ms. Heitkamp, Mr. Moran, Mr. Tester, Mr. Roberts, Mr. Barrasso, Mr. King, Ms. Murkowski, Mrs. Fischer, Mr. Hatch, Mr. Rounds, Mr. Heller, Mr. Sullivan, Mr. Wyden, Mr. Kirk, Mr. Paul, Ms. Warren, Mr. Johnson, Mr. Rubio, Mr. Lankford, Mr. Crapo, Mr. Brown, Mr. Coons, Mrs. Capito, Mr. Tillis, Mr. Risch, Mr. Cassidy, Mr. Shelby, Mr. Enzi, Mr. Blunt, Mr. Isakson, Mr. Cotton, Mr. Toomey, Mr. Gardner, Mr. Hoeven, Mr. Scott, Mr. Cornyn, Mr. Lee, Mr. Perdue, Mr. Flake, Mr. Vitter, Ms. Baldwin, Mr. Burr, Mr. Sessions, Mr. Cochran, Mrs. Ernst, Mr. Grassley, Mr. Coats, Mr. Warner, Mr. Alexander, Mr. Portman, Mr. Cruz, Mr. Graham, Mr. McCain, Mr. Donnelly, Mr. Bennet, Mr. Whitehouse, Mr. Kaine, Mr. Murphy, Mr. Cardin, Ms. Mikulski, Ms. Ayotte, Ms. Collins, and Mr. Sasse) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

December 9, 2015

Reported by , with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To amend the Pilot's Bill of Rights to facilitate appeals and to apply to other certificates issued by the Federal Aviation Administration, to require the revision of the third class medical certification regulations issued by the Federal Aviation Administration, and for other purposes.

1.

Short title

This Act may be cited as the Pilot’s Bill of Rights 2.

2.

Medical certification of certain small aircraft pilots

(a)

In general

Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall issue or revise medical certification regulations to ensure that an individual may operate as pilot in command of a covered aircraft without regard to any medical certification or proof of health requirement otherwise applicable under Federal law if—

(1)

the individual possesses a valid State driver's license and complies with any medical requirement associated with that license;

(2)

the individual is transporting not more than 5 passengers;

(3)

the individual is operating under visual flight rules or instrument flight rules; and

(4)

the relevant flight, including each portion thereof, is not carried out—

(A)

for compensation, including that no passenger or property on the flight is being carried for compensation;

(B)

at an altitude that is more than 14,000 feet above mean sea level;

(C)

outside the United States, unless authorized by the country in which the flight is conducted; or

(D)

at an indicated air speed exceeding 250 knots.

(b)

Covered aircraft defined

In this section, the term covered aircraft means an aircraft that—

(1)

is not authorized under Federal law to carry more than 6 occupants; and

(2)

has a maximum certificated takeoff weight of not more than 6,000 pounds.

(c)

Report required

Not later than 5 years after the date of the enactment of this Act, the Administrator shall submit to Congress a report that describes the effect of the regulations issued or revised under subsection (a) and includes statistics with respect to changes in small aircraft activity and safety incidents.

(d)

Prohibition on enforcement actions

On and after the date that is 180 days after the date of the enactment of this Act, the Administrator may not take an enforcement action for not holding a valid third-class medical certificate against a pilot of a covered aircraft for a flight if the pilot and the flight meet the applicable requirements under paragraphs (1) through (4) of subsection (a) unless the Administrator has published final regulations in the Federal Register under subsection (a).

3.

Expansion of Pilot's Bill of Rights

(a)

Appeals not subject to exhaustion of administrative remedies

(1)

In general

Section 2(d)(1) of the Pilot’s Bill of Rights (Public Law 112–153; 126 Stat. 1159; 49 U.S.C. 44703 note) is amended to read as follows:

(1)

In general

Upon a decision by the Administrator denying a covered certificate, or imposing a punitive civil action or an order of revocation under section 44709 of title 49, United States Code, a person substantially affected by the decision may, at the person’s election, file an appeal with the National Transportation Safety Board or, without further administrative review, in the United States district court in which the person resides or in which the action in question occurred, or in the United States District Court for the District of Columbia.

.

(2)

Conforming amendment

Section 2(d)(2) of such Act is amended by striking Federal district court and inserting United States district court.

(b)

De novo review by district court; burden of proof

Section 2(e) of such Act is amended—

(1)

by amending paragraph (1) to read as follows:

(1)

In general

In an appeal filed under subsection (d) in a United States district court with respect to a denial, suspension, or revocation of a covered certificate by the Administrator—

(A)

the district court shall review the denial, suspension, or revocation de novo, including by—

(i)

conducting a full independent review of the complete administrative record of the denial, suspension, or revocation;

(ii)

permitting additional discovery and the taking of additional evidence; and

(iii)

making the findings of fact and conclusions of law required by Rule 52 of the Federal Rules of Civil Procedure without being bound to any facts found by the Administrator or the National Transportation Safety Board; and

(B)

the Administrator shall bear the burden of proof.

; and

(2)

by adding at the end the following:

(3)

Applicability of Administrative Procedure Act

Notwithstanding paragraph (1)(A) or subsection (a)(1) of section 554 of title 5, United States Code, that section applies to adjudications of the Administrator and the National Transportation Safety Board to the same extent as that section applied to such adjudications before the date of the enactment of the Pilot’s Bill of Rights 2.

.

(c)

Expansion to all certificates issued by Federal Aviation Administration

(1)

In general

Section 2 of such Act is amended—

(A)

in subsection (a)—

(i)

by striking subpart C, D, or F of; and

(ii)

by striking an airman certificate and inserting a covered certificate; and

(B)

in subsection (b)(1), by striking an airman certificate under chapter 447 of title 49, United States Code and inserting a covered certificate.

(2)

Covered certificate defined

Section 2 of such Act is amended by adding at the end the following:

(k)

Covered certificate defined

In this section, the term covered certificate means an airman certificate, design organization certificate, holder of type certificate, production certificate, airworthiness certificate, air carrier operating certificate, airport operating certificate, air agency certificate, air navigation facility certificate, medical certificate, or any other authorization issued by the Administrator under chapter 447 of title 49, United States Code.

.

(3)

Conforming amendments

Section 2 of such Act, as amended by this subsection, is further amended—

(A)

in subsection (b)(4)(C)—

(i)

in clause (i), by striking Any individual and inserting Any person;

(ii)

in clauses (ii) and (iii), in the clause headings, by striking individual and inserting person; and

(iii)

in clause (iii)(II), by striking the requesting individual and inserting the requesting person;

(B)

by striking the individual’s each place it appears and inserting the person’s;

(C)

by striking the individual each place it appears and inserting the person; and

(D)

by striking an individual each place it appears and inserting a person.

(d)

Notification of investigation

Section 2 of such Act is further amended—

(1)

by striking subsection (c);

(2)

by redesignating paragraph (5) of subsection (b) as subsection (c), and by moving such subsection, as so redesignated, two ems to the left;

(3)

in subsection (b)—

(A)

in paragraph (2)(A), by inserting and the specific incident or incidents on which the investigation is based after nature of the investigation;

(B)

in paragraph (3), by striking timely;

(C)

by redesignating paragraph (4) as paragraph (5); and

(D)

by inserting after paragraph (3) the following:

(4)

Failure To Provide Information

If the Administrator does not provide a person with the notification required by paragraph (1) with respect to an investigation relating to the approval, denial, suspension, modification, or revocation of a covered certificate, including all of the information required under paragraph (2), the Administrator may not—

(A)

retain records of the investigation;

(B)

deny, suspend, or revoke the covered certificate;

(C)

seek a civil penalty or other punitive action against the person; or

(D)

in any way take action, including issuance of a warning letter or letter of correction or any other administrative action, with regard to the matter that was the subject of the investigation.

; and

(4)

in subsection (c), as redesignated by paragraph (2), by striking section 44709(c)(2) and inserting section 44709(e)(2).

(e)

Release of investigative reports

Section 2 of such Act is amended by inserting after subsection (e) the following:

(f)

Release of investigative reports

(1)

In general

(A)

Emergency orders

In any proceeding conducted under part 821 of title 49, Code of Federal Regulations, relating to denial, amendment, modification, suspension, or revocation of a covered certificate, in which the Administrator issues an emergency order of revocation under subsections (d) and (e) of section 44709 of title 49, United States Code, an emergency order under section 46105(c) of such title, or another order that takes effect immediately, the Administrator shall provide to the person holding the covered certificate the releasable portion of the investigative report before issuing the order.

(B)

Other orders

In any proceeding conducted under part 821 of title 49, Code of Federal Regulations, relating to denial, amendment, modification, suspension, or revocation of a covered certificate, in which the Administrator notifies the holder of the covered certificate of a proposed action under subsections (b) and (c) of section 44709 of title 49, United States Code, the Administrator shall, upon request of the holder of the covered certificate and at any time after that notification, provide to the holder of the covered certificate the releasable portion of the investigative report.

(2)

Motion for dismissal

If the Administrator does not provide the investigative report to the person holding the covered certificate subject to the proceeding referred to in paragraph (1) by the time required by that paragraph, the person may move to dismiss the complaint of the Administrator or for other relief and, unless the Administrator establishes good cause for the failure to provide the investigative report, the administrative law judge shall order such relief as the judge considers appropriate.

(3)

Releasable portion of report

For purposes of paragraph (1), the releasable portion of an investigative report is all information in the report, except for the following:

(A)

Information that is privileged.

(B)

Information that constitutes work product or reflects internal deliberative process.

(C)

Information that would disclose the identity of a confidential source.

(D)

Information the disclosure of which is prohibited by any other provision of law.

(E)

Information that is not relevant to the subject matter of the proceeding.

(F)

Information the Administrator can demonstrate is withheld for good cause.

(G)

Sensitive security information, as defined in section 15.5 of title 49, Code of Federal Regulations (or any corresponding similar ruling or regulation).

(4)

Rule of construction

Nothing in this subsection shall be construed to prevent the Administrator from releasing to a person subject to an investigation described in subsection (b)(1)—

(A)

information in addition to the information included in the releasable portion of the investigative report; or

(B)

a copy of the investigative report before the Administrator issues a complaint.

.

(f)

Limitation on document requests

Section 2 of such Act, as amended by subsection (e), is further amended by inserting after subsection (f) the following:

(g)

Limitation on document requests

In any case in which the Administrator initiates an investigation described in subsection (b)(1) with respect to a person, the Administrator and the investigating officials may request documents from the person only if the request is limited and narrowly tailored to issues in the investigation.

.

(g)

Response to Requests by Repair Stations To Settle or Withdraw

Section 2 of such Act, as amended by subsections (e) and (f), is further amended by inserting after subsection (g) the following:

(h)

Response to Requests by Repair Stations To Settle or Withdraw

The Administrator shall respond to a written request by a repair station holding a certificate under part 145, Code of Federal Regulations, that is subject to an investigation described in subsection (b)(1) to withdraw from or settle a proceeding relating to the investigation not later than 30 calendar days after receiving the request.

.

(h)

Limitation on retention of records

Section 2 of such Act, as amended by subsections (e), (f), and (g), is further amended by inserting after subsection (h) the following:

(i)

Limitation on retention of records

The Administrator shall expunge the record of any investigation described in subsection (b)(1) with respect to a covered certificate that does not lead to the denial, suspension, modification, or revocation of the certificate not later than 90 days after the Administrator determines not to deny, suspend, modify, or revoke the certificate.

(j)

Prohibition on publicizing pending enforcement actions

The Administrator may not indicate in the publicly accessible records of a person holding a covered certificate who is the subject of an investigation described in subsection (b)(1) any information that is different from information in such records of an airman who is not under such an investigation.

.

4.

Limitations on reexamination of certificate holders

(a)

In general

Section 44709 of title 49, United States Code, is amended—

(1)

in subsection (a)—

(A)

in the subsection heading, by striking and reexamination;

(B)

by striking The Administrator and inserting the following:

(1)

In general

The Administrator

;

(C)

by striking , or reexamine an airman holding a certificate issued under section 44703 of this title; and

(D)

by adding at the end the following:

(2)

Reexamination of airmen certificates

(A)

In general

The Administrator may reexamine an airman holding a certificate issued under section 44703 of this title only if the Administrator has reasonable grounds—

(i)

to question the airman’s lack of competence based on acts or omissions committed while the airman was exercising the privileges of the certificate; or

(ii)

to believe the airman obtained the certificate through fraudulent means.

(B)

Notification requirements

Before taking any action to reexamine an airman holding a certificate issued under section 44703 of this title, the Administrator shall provide to the airman—

(i)

the specific justification for the reexamination; and

(ii)

any releasable information gathered by the Federal Aviation Administration that form the basis for that justification.

.

(b)

Modification, suspension, or revocation of airmen certificates after reexamination

Section 44709(b) of such title is amended—

(1)

by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), and by moving such clauses, as so redesignated, two ems to the right;

(2)

by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), and by moving such subparagraphs, as so redesignated, two ems to the right;

(3)

by striking The Administrator and inserting the following:

(1)

In general

The Administrator

; and

(4)

by adding at the end the following:

(2)

Modification, suspension, or revocation of airmen certificates after reexamination

The Administrator may not amend, modify, suspend, or revoke an airman certificate issued under section 44703 of this title after a reexamination of the airman holding the certificate unless the Administrator demonstrates by a preponderance of the evidence that the airman—

(A)

lacks the skills and competency, or care, judgment, and responsibility, necessary to hold the certificate; or

(B)

materially contributed to the issuance of the certificate by fraudulent means.

.

(c)

Appeals

Section 44709(f) of such title is amended—

(1)

by striking A person and inserting the following:

(1)

In general

A person

; and

(2)

by adding at the end the following:

(2)

Appeals relating to reexamination of airmen certificates

If the Administrator amends, modifies, suspends, or revokes an airman certificate after reexamination of the airman holding the certificate in violation of subsection (a)(2), the airman may elect to file an appeal in the United States district court in which the airman resides or in which the action in question occurred, or in the United States District Court for the District of Columbia, instead of filing an appeal with the Board under subsection (d).

.

(d)

Conforming amendments

Section 44709(d)(1) of such title is amended—

(1)

in subparagraph (A), by striking subsection (b)(1)(A) and inserting subsection (b)(1)(A)(i); and

(2)

in subparagraph (B), by striking subsection (b)(1)(B) and inserting subsection (b)(1)(A)(ii).

5.

Expediting updates to NOTAM program

(a)

In general

The Administrator of the Federal Aviation Administration may not take any enforcement action, on or after the date that is 180 days after the date of the enactment of this Act, against any individual for a violation of a NOTAM (as defined in section 3 of the Pilot's Bill of Rights (49 U.S.C. 44701 note)) until the Administrator certifies that the Administrator has complied with the requirements of section 3 of the Pilot's Bill of Rights, as amended by this section, to—

(1)

the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate; and

(2)

the Committee on Appropriations and the Committee on Transportation and Infrastructure of the House of Representatives.

(b)

Amendments

Section 3 of the Pilot's Bill of Rights (Public Law 112–153; 126 Stat. 1162; 49 U.S.C. 44701 note) is amended—

(1)

in subsection (a)(2)—

(A)

in the matter preceding subparagraph (A)—

(i)

by striking this Act and inserting the Pilot’s Bill of Rights 2; and

(ii)

by striking begin and inserting complete the implementation of;

(B)

by amending subparagraph (B) to read as follows:

(B)

to establish a repository, in a public central location, to maintain and archive all NOTAMs, including the original content and form of the notices, the original date of publication, and any amendments to such notices with the date of each amendment, in a manner that is Internet-accessible, machine-readable, and searchable;

;

(C)

in subparagraph (C), by striking the period at the end and inserting a semicolon; and

(D)

by adding at the end the following:

(D)

to establish a rating system to prioritize each NOTAM by the urgency and importance of the NOTAM; and

(E)

to specify the times during which temporary flight restrictions are in effect and the duration of a designation of special use airspace in a specific area.

; and

(2)

by amending subsection (d) to read as follows:

(d)

Designation of repository as sole source for NOTAMs

(1)

In general

The Administrator—

(A)

shall consider the repository for NOTAMs established under subsection (a)(2)(B) to be the sole location for airmen to check for NOTAMs; and

(B)

may not consider a NOTAM to be announced and published until the NOTAM is included in the repository.

(2)

Prohibition on taking action for violations of NOTAMs not in repository

(A)

In general

Except as provided in subparagraph (A), on and after the date on which the repository established under subsection (a)(2)(B) is final and published, the Administrator may not take any enforcement action against an airman for a violation of a NOTAM during a flight if that NOTAM is not available through the repository before the commencement of the flight and reasonably accessible and identifiable to the airman.

(B)

Exception for national security

Subparagraph (A) shall not apply in the case of an enforcement action for a violation of a NOTAM that directly relates to national security.

.

6.

Accessibility of certain flight data

(a)

In general

Subchapter I of chapter 471 of title 49, United States Code, is amended by inserting after section 47124 the following:

47124a.

Accessibility of certain flight data

(a)

Definitions

In this section:

(1)

Contract tower

The term contract tower means an air traffic control tower providing air traffic control services pursuant to a contract with the Federal Aviation Administration under the Contract Tower Program under section 47124(b)(3).

(2)

Covered flight record

The term covered flight record means any flight data, including air traffic data (as defined in section 2(b)(4)(B) of the Pilot's Bill of Rights (49 U.S.C. 44703 note)), created, maintained, or controlled by any program of the Federal Aviation Administration, whether carried out by employees or contractors of the Federal Aviation Administration, including contract towers, flight service stations, and controller training programs.

(b)

Provision of covered flight data to Federal Aviation Administration

(1)

Request from Federal Aviation Administration

When the Federal Aviation Administration receives a request, pursuant to section 552 of title 5, United States Code, for a covered flight record that is not in the possession of the Federal Aviation Administration, the Administrator of the Federal Aviation Administration shall request the record from the contract tower or other contractor of the Federal Aviation Administration that possesses the record.

(2)

Provision of records to Federal Aviation Administration

Any covered flight record created, maintained, or controlled by a contract tower or another contractor of the Federal Aviation Administration that maintains covered flight records shall be provided to the Federal Aviation Administration if the Federal Aviation Administration requests the record pursuant to paragraph (1).

(c)

Applicability of FOIA

After the Federal Aviation Administration receives a covered flight record under subsection (b), that record shall be—

(1)

considered an agency record of the Federal Aviation Administration for purposes of section 552(f)(2) of title 5, United States Code; and

(2)

subject to section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), to the same extent as if the record was created, maintained, and controlled by the Federal Aviation Administration.

(d)

Withholding of information

The Administrator of the Federal Aviation Administration may withhold information that would otherwise be required to be made available under this section only if—

(1)

the Administrator determines, based on information in the possession of the Administrator, that the Administrator may withhold the information in accordance with section 552(b) of title 5, United States Code; or

(2)

the information is voluntarily provided safety- or security-related information covered by section 40123.

(e)

Format of records

Each contract tower or other contractor of the Federal Aviation Administration that maintains covered flight records shall maintain records relating to covered flight records in formats that are readily reproducible and reasonably searchable by the Federal Aviation Administration.

(f)

Regulations

(1)

In general

Not later than 180 days after the date of the enactment of the Pilot’s Bill of Rights 2, the Administrator shall promulgate regulations or guidance to ensure compliance with this section by the Federal Aviation Administration, contract towers, and other contractors of the Federal Aviation Administration that maintain covered flight records.

(2)

Compliance by applicable entities

(A)

In general

Compliance with this section by a contract tower or other contractor of the Federal Aviation Administration that maintains covered flight records shall be included as a material term in any contract between the Federal Aviation Administration and the contract tower or contractor entered into or renewed on or after the date of the enactment of the Pilot’s Bill of Rights 2.

(B)

Modification of contract or agreement

Not later than one year after the date of the enactment of the Pilot’s Bill of Rights 2, the Administrator shall secure a modification to include compliance with this section by each contract tower and other contractor of the Federal Aviation Administration that maintains covered flight records as a material term in any contract between the Federal Aviation Administration and the contract tower or contractor that will not otherwise be renegotiated, renewed, or modified before the date that is one year after such date of enactment.

.

(b)

Clerical amendment

The table of sections for chapter 471 of title 49, United States Code, is amended by inserting after the item relating to section 47124 the following:

47124a. Accessibility of certain flight data.

.

7.

Limitation of liability for certain individuals designated as representatives of the Federal Aviation Administration

(a)

In general

Any individual designated by the Administrator of the Federal Aviation Administration under subpart C of part 183 of title 14, Code of Federal Regulations, to act as a representative of the Administrator, including an aviation medical examiner, pilot examiner, or designated airworthiness representative, shall, when carrying out duties pursuant to that designation and without regard to the individual's employer—

(1)

be considered to be performing an activity necessary to safeguard a uniquely Federal interest; and

(2)

not be liable in a civil action for actions performed with reasonable care in connection with those duties.

(b)

Fraudulent misconduct

This section does not relieve an individual described in subsection (a) that causes harm to any person through intentional or fraudulent misconduct while carrying out duties pursuant to that subsection from any penalty applicable under any provision of law for that misconduct.

8.

Authority for legal counsel to issue certain notices

Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall revise section 13.11 of title 14, Code of Federal Regulations, to authorize legal counsel to close enforcement actions covered by that section with a warning notice, letter of correction, or other administrative action.

9.

Liability protection for volunteer pilots that fly for the public benefit

(a)

Findings and purpose

(1)

Findings

Congress finds the following:

(A)

Many volunteer pilot nonprofit organizations fly for public benefit and provide valuable services to communities and individuals.

(B)

In each calendar year, volunteer pilot nonprofit organizations provide long-distance, no-cost transportation for tens of thousands of people during times of special need.

(C)

Such nonprofit organizations are no longer able to purchase liability insurance for aircraft they do not own to provide liability protection at a reasonable price, and therefore face a highly detrimental liability risk.

(D)

Such nonprofit organizations have supported the homeland security of the United States by providing volunteer pilot services during times of national emergency.

(2)

Purpose

The purpose of this section is to promote the activities of volunteer pilot nonprofit organizations that fly for public benefit and to sustain the availability of the services that such nonprofit organizations provide, including the following:

(A)

Transportation at no cost to financially needy medical patients for medical treatment, evaluation, and diagnosis.

(B)

Flights for humanitarian and charitable purposes.

(C)

Other flights of compassion.

(b)

Liability protection for volunteer pilot nonprofit organizations that fly for public benefit and to pilots and staff of such nonprofit organizations

Section 4 of the Volunteer Protection Act of 1997 (42 U.S.C. 14503) is amended—

(1)

in subsection (a)(4)—

(A)

by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;

(B)

by striking the harm and inserting (A) except in the case of subparagraph (B), the harm;

(C)

in subparagraph (A)(ii), as redesignated by this paragraph, by striking the period at the end and inserting ; and; and

(D)

by adding at the end the following:

(B)

the volunteer—

(i)

was operating an aircraft in furtherance of the purpose of a volunteer pilot nonprofit organization that flies for public benefit; and

(ii)

was properly licensed and insured for the operation of such aircraft.

; and

(2)

in subsection (c)—

(A)

by striking Nothing in this section and inserting the following:

(1)

In general

Except as provided in paragraph (2), nothing in this section

; and

(B)

by adding at the end the following:

(2)

Exception

A volunteer pilot nonprofit organization that flies for public benefit, the staff, mission coordinators, officers, and directors (whether volunteer or otherwise) of that nonprofit organization, and a referring agency of that nonprofit organization shall not be liable for harm caused to any person by a volunteer of the nonprofit organization while the volunteer—

(A)

is operating an aircraft in furtherance of the purpose of the nonprofit organization;

(B)

is properly licensed for the operation of the aircraft; and

(C)

has certified to the nonprofit organization that the volunteer has insurance covering the volunteer's operation of the aircraft.

.

1.

Short title

This Act may be cited as Pilot’s Bill of Rights 2.

2.

Medical certification of certain small aircraft pilots

(a)

In general

Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue or revise regulations to ensure that an individual may operate as pilot in command of a covered aircraft if—

(1)

the individual possesses a valid driver’s license issued by a State, territory, or possession of the United States and complies with all medical requirements or restrictions associated with that license;

(2)

the individual holds a medical certificate issued by the Federal Aviation Administration on the date of enactment of this Act, held such a certificate at any point during the 10-year period preceding such date of enactment, or obtains such a certificate after such date of enactment;

(3)

the most recent medical certificate issued by the Federal Aviation Administration to the individual—

(A)

indicates whether the certificate is first, second, or third class;

(B)

may include authorization for special issuance;

(C)

may be expired;

(D)

cannot have been revoked or suspended; and

(E)

cannot have been withdrawn;

(4)

the most recent application for airman medical certification submitted to the Federal Aviation Administration by the individual cannot have been completed and denied;

(5)

the individual has completed a medical education course described in subsection (c) during the 24 calendar months before acting as pilot in command of a covered aircraft and demonstrates proof of completion of the course;

(6)

the individual, when serving as a pilot in command, is under the care and treatment of a physician if the individual has been diagnosed with any medical condition that may impact the ability of the individual to fly;

(7)

the individual has received a comprehensive medical examination from a State-licensed physician during the previous 48 months and—

(A)

prior to the examination, the individual—

(i)

completed the individual's section of the checklist described in subsection (b); and

(ii)

provided the completed checklist to the physician performing the examination; and

(B)

the physician conducted the comprehensive medical examination in accordance with the checklist described in subsection (b), checking each item specified during the examination and addressing, as medically appropriate, every medical condition listed, and any medications the individual is taking; and

(8)

the individual is operating in accordance with the following conditions:

(A)

The covered aircraft is carrying not more than 5 passengers.

(B)

The individual is operating the covered aircraft under visual flight rules or instrument flight rules.

(C)

The flight, including each portion of that flight, is not carried out—

(i)

for compensation or hire, including that no passenger or property on the flight is being carried for compensation or hire;

(ii)

at an altitude that is more than 18,000 feet above mean sea level;

(iii)

outside the United States, unless authorized by the country in which the flight is conducted; or

(iv)

at an indicated air speed exceeding 250 knots.

(b)

Comprehensive medical examination

(1)

In general

Not later than 180 days after the date of enactment of this Act, the Administrator shall develop a checklist for an individual to complete and provide to the physician performing the comprehensive medical examination required in subsection (a)(7).

(2)

Requirements

The checklist shall contain—

(A)

a section, for the individual to complete that contains—

(i)

boxes 3 through 13 and boxes 16 through 19 of the Federal Aviation Administration Form 8500-8 (3-99);

(ii)

a signature line for the individual to affirm that—

(I)

the answers provided by the individual on that checklist, including the individual's answers regarding medical history, are true and complete;

(II)

the individual understands that he or she is prohibited under Federal Aviation Administration regulations from acting as pilot in command, or any other capacity as a required flight crew member, if he or she knows or has reason to know of any medical deficiency or medically disqualifying condition that would make the individual unable to operate the aircraft in a safe manner; and

(III)

the individual is aware of the regulations pertaining to the prohibition on operations during medical deficiency and has no medically disqualifying conditions in accordance with applicable law;

(B)

a section with instructions for the individual to provide the completed checklist to the physician performing the comprehensive medical examination required in subsection (a)(7); and

(C)

a section, for the physician to complete, that instructs the physician—

(i)

to perform a clinical examination of—

(I)

head, face, neck, and scalp;

(II)

nose, sinuses, mouth, and throat;

(III)

ears, general (internal and external canals), and eardrums (perforation);

(IV)

eyes (general), ophthalmoscopic, pupils (equality and reaction), and ocular motility (associated parallel movement, nystagmus);

(V)

lungs and chest (not including breast examination);

(VI)

heart (precordial activity, rhythm, sounds, and murmurs);

(VII)

vascular system (pulse, amplitude, and character, and arms, legs, and others);

(VIII)

abdomen and viscera (including hernia);

(IX)

anus (not including digital examination);

(X)

skin;

(XI)

G-U system (not including pelvic examination);

(XII)

upper and lower extremities (strength and range of motion);

(XIII)

spine and other musculoskeletal;

(XIV)

identifying body marks, scars, and tattoos (size and location);

(XV)

lymphatics;

(XVI)

neurologic (tendon reflexes, equilibrium, senses, cranial nerves, and coordination, etc.);

(XVII)

psychiatric (appearance, behavior, mood, communication, and memory);

(XVIII)

general systemic;

(XIX)

hearing;

(XX)

vision (distant, near, and intermediate vision, field of vision, color vision, and ocular alignment);

(XXI)

blood pressure and pulse; and

(XXII)

anything else the physician, in his or her medical judgment, considers necessary;

(ii)

to exercise medical discretion to address, as medically appropriate, any medical conditions identified, and to exercise medical discretion in determining whether any medical tests are warranted as part of the comprehensive medical examination;

(iii)

to discuss all drugs the individual reports taking (prescription and nonprescription) and their potential to interfere with the safe operation of an aircraft or motor vehicle;

(iv)

to sign the checklist, stating: I certify that I discussed all items on this checklist with the individual during my examination, discussed any medications the individual is taking that could interfere with their ability to safely operate an aircraft or motor vehicle, and performed an examination that included all of the items on this checklist.; and

(v)

to provide the date the comprehensive medical examination was completed, and the physician’s full name, address, telephone number, and State medical license number.

(3)

Logbook

The completed checklist shall be retained in the individual’s logbook and made available on request.

(c)

Medical education course requirements

The medical education course described in this subsection shall—

(1)

be available on the Internet free of charge;

(2)

be developed and periodically updated in coordination with representatives of relevant nonprofit and not-for-profit general aviation stakeholder groups;

(3)

educate pilots on conducting medical self-assessments;

(4)

advise pilots on identifying warning signs of potential serious medical conditions;

(5)

identify risk mitigation strategies for medical conditions;

(6)

increase awareness of the impacts of potentially impairing over-the-counter and prescription drug medications;

(7)

encourage regular medical examinations and consultations with primary care physicians;

(8)

inform pilots of the regulations pertaining to the prohibition on operations during medical deficiency and medically disqualifying conditions;

(9)

provide the checklist developed by the Federal Aviation Administration in accordance with subsection (b); and

(10)

upon successful completion of the course, electronically provide to the individual and transmit to the Federal Aviation Administration—

(A)

a certification of completion of the medical education course, which shall be printed and retained in the individual’s logbook and made available upon request, and shall contain the individual's name, address, and airman certificate number;

(B)

subject to subsection (d), a release authorizing the National Driver Register through a designated State Department of Motor Vehicles to furnish to the Federal Aviation Administration information pertaining to the individual’s driving record;

(C)

a certification by the individual that the individual is under the care and treatment of a physician if the individual has been diagnosed with any medical condition that may impact the ability of the individual to fly, as required under (a)(6);

(D)

a form that includes—

(i)

the name, address, telephone number, and airman certificate number of the individual;

(ii)

the name, address, telephone number, and State medical license number of the physician performing the comprehensive medical examination required in subsection (a)(7);

(iii)

the date of the comprehensive medical examination required in subsection (a)(7); and

(iv)

a certification by the individual that the checklist described in subsection (b) was followed in the comprehensive medical examination required in subsection (a)(7); and

(E)

a statement, which shall be printed, and signed by the individual certifying that the individual understands the existing prohibition on operations during medical deficiency by stating: I understand that I cannot act as pilot in command, or any other capacity as a required flight crew member, if I know or have reason to know of any medical condition that would make me unable to operate the aircraft in a safe manner..

(d)

National Driver Register

The authorization under subsection (c)(10)(B) shall be an authorization for a single access to the information contained in the National Driver Register.

(e)

Special issuance process

(1)

In general

An individual who has qualified for the third-class medical certificate exemption under subsection (a) and is seeking to serve as a pilot in command of a covered aircraft shall be required to have completed the process for obtaining an Authorization for Special Issuance of a Medical Certificate for each of the following:

(A)

A mental health disorder, limited to an established medical history or clinical diagnosis of—

(i)

personality disorder that is severe enough to have repeatedly manifested itself by overt acts;

(ii)

psychosis, defined as a case in which an individual—

(I)

has manifested delusions, hallucinations, grossly bizarre or disorganized behavior, or other commonly accepted symptoms of psychosis; or

(II)

may reasonably be expected to manifest delusions, hallucinations, grossly bizarre or disorganized behavior, or other commonly accepted symptoms of psychosis;

(iii)

bipolar disorder; or

(iv)

substance dependence within the previous 2 years, as defined in section 67.307(a)(4) of title 14, Code of Federal Regulations.

(B)

A neurological disorder, limited to an established medical history or clinical diagnosis of any of the following:

(i)

Epilepsy.

(ii)

Disturbance of consciousness without satisfactory medical explanation of the cause.

(iii)

A transient loss of control of nervous system functions without satisfactory medical explanation of the cause.

(C)

A cardiovascular condition, limited to a one-time special issuance for each diagnosis of the following:

(i)

Myocardial infraction.

(ii)

Coronary heart disease that has required treatment.

(iii)

Cardiac valve replacement.

(iv)

Heart replacement.

(2)

Special rule for cardiovascular conditions

In the case of an individual with a cardiovascular condition, the process for obtaining an Authorization for Special Issuance of a Medical Certificate shall be satisfied with the successful completion of an appropriate clinical evaluation without a mandatory wait period.

(3)

Special rule for mental health conditions

(A)

In the case of an individual with a clinically diagnosed mental health condition, the third-class medical certificate exemption under subsection (a) shall not apply if—

(i)

in the judgment of the individual’s State-licensed medical specialist, the condition—

(I)

renders the individual unable to safely perform the duties or exercise the airman privileges described in subsection (a)(8); or

(II)

may reasonably be expected to make the individual unable to perform the duties or exercise the privileges described in subsection (a)(8); or

(ii)

the individual’s driver’s license is revoked by the issuing agency as a result of a clinically diagnosed mental health condition.

(B)

Subject to subparagraph (A), an individual clinically diagnosed with a mental health condition shall certify every 2 years, in conjunction with the certification under subsection (c)(10)(C), that the individual is under the care of a State-licensed medical specialist for that mental health condition.

(4)

Special rule for neurological conditions

(A)

In the case of an individual with a clinically diagnosed neurological condition, the third-class medical certificate exemption under subsection (a) shall not apply if—

(i)

in the judgment of the individual’s State-licensed medical specialist, the condition—

(I)

renders the individual unable to safely perform the duties or exercise the airman privileges described in subsection (a)(8); or

(II)

may reasonably be expected to make the individual unable to perform the duties or exercise the privileges described in subsection (a)(8); or

(ii)

the individual’s driver’s license is revoked by the issuing agency as a result of a clinically diagnosed neurological condition.

(B)

Subject to subparagraph (A), an individual clinically diagnosed with a neurological condition shall certify every 2 years, in conjunction with the certification under subsection (c)(10)(C), that the individual is under the care of a State-licensed medical specialist for that neurological condition.

(f)

Identification of additional medical conditions for the CACI program

(1)

In general

Not later than 180 days after the date of enactment of this Act, the Administrator shall review and identify additional medical conditions that could be added to the program known as the Conditions AMEs Can Issue (CACI) program.

(2)

Consultations

In carrying out paragraph (1), the Administrator shall consult with aviation, medical, and union stakeholders.

(3)

Report required

Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report listing the medical conditions that have been added to the CACI program under paragraph (1).

(g)

Expedited authorization for special issuance of a medical certificate

(1)

In general

The Administrator shall implement procedures to expedite the process for obtaining an Authorization for Special Issuance of a Medical Certificate under section 67.401 of title 14, Code of Federal Regulations.

(2)

Consultations

In carrying out paragraph (1), the Administrator shall consult with aviation, medical, and union stakeholders.

(3)

Report required

Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing how the procedures implemented under paragraph (1) will streamline the process for obtaining an Authorization for Special Issuance of a Medical Certificate and reduce the amount of time needed to review and decide special issuance cases.

(h)

Report required

Not later than 5 years after the date of enactment of this Act, the Administrator, in coordination with the National Transportation Safety Board, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the effect of the regulations issued or revised under subsection (a) and includes statistics with respect to changes in small aircraft activity and safety incidents.

(i)

Prohibition on enforcement actions

Beginning on the date that is 1 year after the date of enactment of this Act, the Administrator may not take an enforcement action for not holding a valid third-class medical certificate against a pilot of a covered aircraft for a flight, through a good faith effort, if the pilot and the flight meet the applicable requirements under subsection (a), except paragraph (5), unless the Administrator has published final regulations in the Federal Register under that subsection.

(j)

Covered aircraft defined

In this section, the term covered aircraft means an aircraft that—

(1)

is authorized under Federal law to carry not more than 6 occupants; and

(2)

has a maximum certificated takeoff weight of not more than 6,000 pounds.

(k)

Operations covered

The provisions and requirements covered in this section do not apply to pilots who elect to operate under the medical requirements under subsection (b) or subsection (c) of section 61.23 of title 14, Code of Federal Regulations.

3.

Expansion of Pilot's Bill of Rights

(a)

Appeals of suspended and revoked airman certificates

Section 2(d)(1) of the Pilot's Bill of Rights (Public Law 112–153; 126 Stat. 1159; 49 U.S.C. 44703 note) is amended by striking or imposing a punitive civil action or an emergency order of revocation under subsections (d) and (e) of section 44709 of such title and inserting suspending or revoking an airman certificate under section 44709(d) of such title, or imposing an emergency order of revocation under subsections (d) and (e) of section 44709 of such title.

(b)

De novo review by district court; burden of proof

Section 2(e) of the Pilot’s Bill of Rights (Public Law 112–153; 126 Stat. 1159; 49 U.S.C. 44703 note) is amended—

(1)

by amending paragraph (1) to read as follows:

(1)

In general

In an appeal filed under subsection (d) in a United States district court with respect to a denial, suspension, or revocation of an airman certificate by the Administrator—

(A)

the district court shall review the denial, suspension, or revocation de novo, including by—

(i)

conducting a full independent review of the complete administrative record of the denial, suspension, or revocation;

(ii)

permitting additional discovery and the taking of additional evidence; and

(iii)

making the findings of fact and conclusions of law required by Rule 52 of the Federal Rules of Civil Procedure without being bound to any findings of fact of the Administrator or the National Transportation Safety Board.

;

(2)

by redesignating paragraph (2) as paragraph (3); and

(3)

by inserting after paragraph (1) the following:

(2)

Burden of proof

In an appeal filed under subsection (d) in a United States district court after an exhaustion of administrative remedies, the burden of proof shall be as follows:

(A)

In an appeal of the denial of an application for the issuance or renewal of an airman certificate under section 44703 of title 49, United States Code, the burden of proof shall be upon the applicant denied an airman certificate by the Administrator.

(B)

In an appeal of an order issued by the Administrator under section 44709 of title 49, United States Code, the burden of proof shall be upon the Administrator.

; and

(4)

by adding at the end the following:

(4)

Applicability of administrative procedure act

Notwithstanding paragraph (1)(A) of this subsection or subsection (a)(1) of section 554 of title 5, United States Code, section 554 of such title shall apply to adjudications of the Administrator and the National Transportation Safety Board to the same extent as that section applied to such adjudications before the date of enactment of the Pilot’s Bill of Rights 2.

.

(c)

Notification of investigation

Subsection (b) of section 2 of the Pilot’s Bill of Rights (Public Law 112–153; 126 Stat. 1159; 49 U.S.C. 44703 note) is amended—

(1)

in paragraph (2)(A), by inserting and the specific activity on which the investigation is based after nature of the investigation; and

(2)

in paragraph (3), by striking timely; and

(3)

in paragraph (5), by striking section 44709(c)(2) and inserting section 44709(e)(2).

(d)

Release of investigative reports

Section 2 of the Pilot’s Bill of Rights (Public Law 112–153; 126 Stat. 1159; 49 U.S.C. 44703 note) is further amended by inserting after subsection (e) the following:

(f)

Release of investigative reports

(1)

In general

(A)

Emergency orders

In any proceeding conducted under part 821 of title 49, Code of Federal Regulations, relating to the amendment, modification, suspension, or revocation of an airman certificate, in which the Administrator issues an emergency order under subsections (d) and (e) of section 44709, section 44710, or section 46105(c) of title 49, United States Code, or another order that takes effect immediately, the Administrator shall provide to the individual holding the airman certificate the releasable portion of the investigative report at the time the Administrator issues the order. If the complete Report of Investigation is not available at the time the Emergency Order is issued, the Administrator shall issue all portions of the report that are available at the time and shall provide the full report within 5 days of its completion.

(B)

Other orders

In any non-emergency proceeding conducted under part 821 of title 49, Code of Federal Regulations, relating to the amendment, modification, suspension, or revocation of an airman certificate, in which the Administrator notifies the certificate holder of a proposed certificate action under subsections (b) and (c) of section 44709 or section 44710 of title 49, United States Code, the Administrator shall, upon the written request of the covered certificate holder and at any time after that notification, provide to the covered certificate holder the releasable portion of the investigative report.

(2)

Motion for dismissal

If the Administrator does not provide the releasable portions of the investigative report to the individual holding the airman certificate subject to the proceeding referred to in paragraph (1) by the time required by that paragraph, the individual may move to dismiss the complaint of the Administrator or for other relief and, unless the Administrator establishes good cause for the failure to provide the investigative report or for a lack of timeliness, the administrative law judge shall order such relief as the judge considers appropriate.

(3)

Releasable portion of investigative report

For purposes of paragraph (1), the releasable portion of an investigative report is all information in the report, except for the following:

(A)

Information that is privileged.

(B)

Information that constitutes work product or reflects internal deliberative process.

(C)

Information that would disclose the identity of a confidential source.

(D)

Information the disclosure of which is prohibited by any other provision of law.

(E)

Information that is not relevant to the subject matter of the proceeding.

(F)

Information the Administrator can demonstrate is withheld for good cause.

(G)

Sensitive security information, as defined in section 15.5 of title 49, Code of Federal Regulations (or any corresponding similar ruling or regulation).

(4)

Rule of construction

Nothing in this subsection shall be construed to prevent the Administrator from releasing to an individual subject to an investigation described in subsection (b)(1)—

(A)

information in addition to the information included in the releasable portion of the investigative report; or

(B)

a copy of the investigative report before the Administrator issues a complaint.

.

4.

Limitations on reexamination of certificate holders

(a)

In general

Section 44709(a) of title 49, United States Code, is amended—

(1)

by striking The Administrator and inserting the following:

(1)

In general

The Administrator

;

(2)

by striking reexamine and inserting , except as provided in paragraph (2), reexamine; and

(3)

by adding at the end the following:

(2)

Limitation on the reexamination of airman certificates

(A)

In general

The Administrator may not reexamine an airman holding a student, sport, recreational, or private pilot certificate issued under section 44703 of this title if the reexamination is ordered as a result of an event involving the fault of the Federal Aviation Administration or its designee, unless the Administrator has reasonable grounds—

(i)

to establish that the airman may not be qualified to exercise the privileges of a particular certificate or rating, based upon an act or omission committed by the airman while exercising those privileges, after the certificate or rating was issued by the Federal Aviation Administration or its designee; or

(ii)

to demonstrate that the airman obtained the certificate or the rating through fraudulent means or through an examination that was substantially and demonstrably inadequate to establish the airman’s qualifications.

(B)

Notification requirements

Before taking any action to reexamine an airman under subparagraph (A), the Administrator shall provide to the airman—

(i)

a reasonable basis, described in detail, for requesting the reexamination; and

(ii)

any information gathered by the Federal Aviation Administration, that the Administrator determines is appropriate to provide, such as the scope and nature of the requested reexamination, that formed the basis for that justification.

.

(b)

Amendment, modification, suspension, or revocation of airman certificates after reexamination

Section 44709(b) of title 49, United States Code, is amended—

(1)

in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately;

(2)

by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;

(3)

in the matter preceding subparagraph (A), as redesignated, by striking The Administrator and inserting the following:

(1)

In general

Except as provided in paragraph (2), the Administrator

; and

(4)

by adding at the end the following:

(2)

Amendments, modifications, suspensions, and revocations of airman certificates after reexamination

(A)

In general

The Administrator may not issue an order to amend, modify, suspend, or revoke an airman certificate held by a student, sport, recreational, or private pilot and issued under section 44703 of this title after a reexamination of the airman holding the certificate unless the Administrator determines that the airman—

(i)

lacks the technical skills and competency, or care, judgment, and responsibility, necessary to hold and safely exercise the privileges of the certificate; or

(ii)

materially contributed to the issuance of the certificate by fraudulent means.

(B)

Standard of review

Any order of the Administrator under this paragraph shall be subject to the standard of review provided for under section 2 of the Pilot’s Bill of Rights (49 U.S.C. 44703 note).

.

(c)

Conforming amendments

Section 44709(d)(1) of title 49, United States Code, is amended—

(1)

in subparagraph (A), by striking subsection (b)(1)(A) and inserting subsection (b)(1)(A)(i); and

(2)

in subparagraph (B), by striking subsection (b)(1)(B) and inserting subsection (b)(1)(A)(ii).

5.

Expediting updates to NOTAM program

(a)

In general

(1)

Beginning on the date that is 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration may not take any enforcement action against any individual for a violation of a NOTAM (as defined in section 3 of the Pilot’s Bill of Rights (49 U.S.C. 44701 note)) until the Administrator certifies to the appropriate congressional committees that the Administrator has complied with the requirements of section 3 of the Pilot’s Bill of Rights, as amended by this section.

(2)

In this subsection, the term appropriate congressional committees means—

(A)

the Committee on Commerce, Science, and Transportation of the Senate; and

(B)

the Committee on Transportation and Infrastructure of the House of Representatives.

(b)

Amendments

Section 3 of the Pilot’s Bill of Rights (Public Law 112–153; 126 Stat. 1162; 49 U.S.C. 44701 note) is amended—

(1)

in subsection (a)(2)—

(A)

in the matter preceding subparagraph (A)—

(i)

by striking this Act and inserting the Pilot’s Bill of Rights 2; and

(ii)

by striking begin and inserting complete the implementation of;

(B)

by amending subparagraph (B) to read as follows:

(B)

to continue developing and modernizing the NOTAM repository, in a public central location, to maintain and archive all NOTAMs, including the original content and form of the notices, the original date of publication, and any amendments to such notices with the date of each amendment, in a manner that is Internet-accessible, machine-readable, and searchable;

;

(C)

in subparagraph (C), by striking the period at the end and inserting a semicolon; and

(D)

by adding at the end the following:

(D)

to specify the times during which temporary flight restrictions are in effect and the duration of a designation of special use airspace in a specific area.

; and

(2)

by amending subsection (d) to read as follows:

(d)

Designation of repository as sole source for notams

(1)

In general

The Administrator—

(A)

shall consider the repository for NOTAMs under subsection (a)(2)(B) to be the sole location for airmen to check for NOTAMs; and

(B)

may not consider a NOTAM to be announced or published until the NOTAM is included in the repository for NOTAMs under subsection (a)(2)(B).

(2)

Prohibition on taking action for violations of notams not in repository

(A)

In general

Except as provided in subparagraph (B), beginning on the date that the repository under subsection (a)(2)(B) is final and published, the Administrator may not take any enforcement action against an airman for a violation of a NOTAM during a flight if—

(i)

that NOTAM is not available through the repository before the commencement of the flight; and

(ii)

that NOTAM is not reasonably accessible and identifiable to the airman.

(B)

Exception for national security

Subparagraph (A) shall not apply in the case of an enforcement action for a violation of a NOTAM that directly relates to national security.

.

6.

Accessibility of certain flight data

(a)

In general

Subchapter I of chapter 471 of title 49, United States Code, is amended by inserting after section 47124 the following:

47124a.

Accessibility of certain flight data

(a)

Definitions

In this section:

(1)

Administration

The term Administration means the Federal Aviation Administration.

(2)

Administrator

The term Administrator means the Administrator of the Federal Aviation Administration.

(3)

Applicable individual

The term applicable individual means an individual who is the subject of an investigation initiated by the Administrator related to a covered flight record.

(4)

Contract tower

The term contract tower means an air traffic control tower providing air traffic control services pursuant to a contract with the Administration under the contract air traffic control tower program under section 47124(b)(3).

(5)

Covered flight record

The term covered flight record means any air traffic data (as defined in section 2(b)(4)(B) of the Pilot’s Bill of Rights (49 U.S.C. 44703 note)), created, maintained, or controlled by any program of the Administration, including any program of the Administration carried out by employees or contractors of the Administration, such as contract towers, flight service stations, and controller training programs.

(b)

Provision of covered flight record to administration

(1)

Requests

Whenever the Administration receives a written request for a covered flight record from an applicable individual and the covered flight record is not in the possession of the Administration, the Administrator shall request the covered flight record from the contract tower or other contractor of the Administration in possession of the covered flight record.

(2)

Provision of records

Any covered flight record created, maintained, or controlled by a contract tower or another contractor of the Administration that maintains covered flight records shall be provided to the Administration if the Administration requests the record pursuant to paragraph (1).

(3)

Notice of proposed certificate action

If the Administrator has issued, or subsequently issues, a Notice of Proposed Certificate Action relying on evidence contained in the covered flight record and the individual who is the subject of an investigation has requested the record, the Administrator shall promptly produce the record and extend the time the individual has to respond to the Notice of Proposed Certificate Action until the covered flight record is provided.

(c)

Implementation

(1)

In general

Not later than 180 days after the date of enactment of the Pilot’s Bill of Rights 2, the Administrator shall promulgate regulations or guidance to ensure compliance with this section.

(2)

Compliance by contractors

(A)

Compliance with this section by a contract tower or other contractor of the Administration that maintains covered flight records shall be included as a material term in any contract between the Administration and the contract tower or contractor entered into or renewed on or after the date of enactment of the Pilot’s Bill of Rights 2.

(B)

Subparagraph (A) shall not apply to any contract or agreement in effect on the date of enactment of the Pilot’s Bill of Rights 2 unless the contract or agreement is renegotiated, renewed, or modified after that date.

.

(b)

Technical and conforming amendments

The table of contents for chapter 471 of title 49, United States Code, is amended by inserting after the item relating to section 47124 the following:

47124a. Accessibility of certain flight data.

.

7.

Authority for legal counsel to issue certain notices

Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall revise section 13.11 of title 14, Code of Federal Regulations, to authorize legal counsel of the Federal Aviation Administration to close enforcement actions covered by that section with a warning notice, letter of correction, or other administrative action.

December 9, 2015

Reported with an amendment