[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 571 Referred in House (RFH)]
<DOC>
114th CONGRESS
1st Session
S. 571
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 16, 2015
Referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
AN ACT
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Pilot's Bill of Rights 2''.
SEC. 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(D) cannot have been revoked or suspended; and
(E) cannot have been withdrawn;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. I certify that I am not aware of any
medical condition that, as presently treated,
could interfere with the individual's ability
to safely operate an aircraft.''; 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 and signed by the physician 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.
(l) Authority To Require Additional Information.--
(1) In general.--If the Administrator receives credible or
urgent information, including from the National Driver Register
or the Administrator's Safety Hotline, that reflects on an
individual's ability to safely operate a covered aircraft under
the third-class medical certificate exemption in subsection
(a), the Administrator may require the individual to provide
additional information or history so that the Administrator may
determine whether the individual is safe to continue operating
a covered aircraft.
(2) Use of information.--The Administrator may use credible
or urgent information received under paragraph (1) to request
an individual to provide additional information or to take
actions under section 44709(b) of title 49, United States Code.
SEC. 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.''.
SEC. 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)''.
SEC. 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.''.
SEC. 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:
``Sec. 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.''.
SEC. 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.
Passed the Senate December 15, 2015.
Attest:
JULIE E. ADAMS,
Secretary.