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114th Congress   }                                     {        Report
                                 SENATE
 1st Session     }                                     {       114-198

_______________________________________________________________________

                                     


                        PILOT'S BILL OF RIGHTS 2

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 571

                             together with

                            ADDITIONAL VIEWS


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               December 18, 2015.--Ordered to be printed
               
 
                         U.S. GOVERNMENT PUBLISHING OFFICE 

59-010 PDF                     WASHINGTON : 2015               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred fourteenth congress
                             first session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 MARCO RUBIO, Florida                 CLAIRE McCASKILL, Missouri
 KELLY AYOTTE, New Hampshire          AMY KLOBUCHAR, Minnesota
 TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
 DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
 JERRY MORAN, Kansas                  ED MARKEY, Massachusetts
 DAN SULLIVAN, Alaska                 CORY BOOKER, New Jersey
 RON JOHNSON, Wisconsin               TOM UDALL, New Mexico
 DEAN HELLER, Nevada                  JOE MANCHIN, West Virginia
 CORY GARDNER, Colorado               GARY PETERS, Michigan
 STEVE DAINES, Montana
                    David Schwietert, Staff Director
                   Nick Rossi, Deputy Staff Director
                    Rebecca Seidel, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director
                 Clint Odom, Democratic General Counsel
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
114th Congress   }                                     {        Report
                                 SENATE
 1st Session     }                                     {       114-198

======================================================================



 
                        PILOT'S BILL OF RIGHTS 2
                                _______
                                

               December 18, 2015.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                         [To accompany S. 571]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 571) 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, having considered the same, reports 
favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of S. 571, as reported, is to amend various 
Federal statutes, regulations, and Federal Aviation 
Administration (FAA) processes that have a direct impact on the 
general aviation (GA) community, particularly medical 
certification requirements for recreational pilots and the 
appeals process for FAA enforcement actions.

                          Background and Needs

    The GA community continues to play an important role in 
United States aviation. It is a community that includes private 
pilots who fly small aircraft, gliders, hot air balloons, 
experimental homebuilt aircraft, as well as more sophisticated 
turbo-prop and jet aircraft. GA also includes corporate flight 
departments that operate business aircraft. According to the 
report FAA Aerospace Forecasts FY 2015-2035, there are 
currently 198,780 GA aircraft based in the United States, the 
largest number of which are piston, single-engine aircraft.\1\
---------------------------------------------------------------------------
    \1\Piston Single-Engine - 122,435; Piston Multi-Engine - 13,175; 
Turbo-prop - 9,390; Turbo-jet - 11,915; Rotor-craft - 10,440; 
Experimental - 24,880.
---------------------------------------------------------------------------
    According to the Aircraft Owners and Pilots Association, GA 
has been losing an average of 6,000 pilots per year over the 
last 10 years. Many in the GA community believe that the 
current medical certification system for pilots has become an 
onerous and costly deterrent for many individuals to remain or 
become pilots.
    The Pilot's Bill of Rights (P.L. 112-153), the original 
legislative effort on these issues, was enacted on August 3, 
2012. The bill established legal protections and process 
improvements for pilots that face enforcement proceedings by 
the FAA and provided new options for the appeals process. The 
bill also required improvements to FAA's Notices to Airman 
(NOTAM) program, a Government Accountability Office review of 
the FAA's medical certification process, and within a year of 
that report, an FAA response to the recommendations of that 
report.

                         Summary of Provisions

    As reported, S. 571 would require the FAA to amend its 
requirements related to medical certificates for recreational 
pilots. The bill also would amend the appeals process for 
certain FAA orders and actions affecting airman certificates 
and place limits on reexaminations of GA pilots by the FAA. The 
FAA is directed to take several steps to improve the Notices to 
Airmen (NOTAM) system. The bill also would improve access to 
certain flight data for individuals who are the subject of an 
FAA investigation.

                          Legislative History

    S. 571 was introduced on February 25, 2015, by Senator 
Inhofe, along with 12 original co-sponsors, and referred to the 
Committee on Commerce, Science, and Transportation of the 
Senate. As of December 11, 2015, the bill had a total of 70 co-
sponsors. An identical bill, H.R. 1062, was introduced in the 
House of Representatives, on the same day as S. 571, by Rep. 
Sam Graves. H.R. 1062 was referred to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on the Judiciary of the House 
of Representatives.
    The Committee held a hearing on April 28, 2015, entitled 
``FAA Reauthorization: Aviation Safety and General Aviation,'' 
at which the issue of medical certification requirements for 
recreational GA pilots was discussed in written and oral 
testimony.
    On November 18, 2015, the Committee met in open Executive 
Session to consider legislative measures and nominations, 
including S. 571. Senator Manchin offered an amendment in the 
nature of a substitute, making several changes to the bill. The 
substitute was approved by the Committee by voice vote to serve 
as the underlying text for consideration. Two first degree 
amendments offered by Senator Nelson, one related to standards 
for routine medical examinations of pilots and one related to 
liability for individuals acting as designees of the FAA, were 
the subject of roll call votes and not adopted (both defeated 
by 11 yays to 13 nays). Further consideration of the bill was 
deferred at the close of that markup.
    On December 9, 2015, the Committee met again in open 
Executive Session to consider legislative measures and 
nominations, including S. 571. A new amendment in the nature of 
a substitute was offered by Senator Manchin and adopted by 
voice vote. The bill, as amended, was ordered to be reported to 
the Senate favorably by voice vote.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 571--Pilot's Bill of Rights 2

    The Federal Aviation Administration (FAA), which regulates 
civil aviation, is responsible for issuing certain credentials 
that pilots must obtain in order to operate aircraft. S. 571 
would direct the FAA to revise a variety of requirements, 
particularly related to medical certifications for recreational 
pilots. The bill also would specify certain changes to the 
agency's administrative procedures and require various reports 
related to pilot certification.
    Based on information from the FAA, CBO estimates that 
enacting S. 571 would not significantly affect the federal 
budget. We estimate that any increase in the agency's 
administrative costs under the bill, which would be subject to 
appropriation, would not exceed $500,000 annually.
    Enacting S. 571 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting S. 571 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2026.
    S. 571 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                           Regulatory Impact

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

    S. 571 would primarily affect the FAA, the National 
Transportation Safety Board (NTSB), Federal courts, and persons 
already subject to FAA regulations, all of which are currently 
covered under relevant laws amended in this bill. Therefore, 
the number of persons covered should be consistent with the 
current levels of persons impacted under the provisions that 
are addressed in the bill. With regard to new persons covered, 
new recreational pilots would be subject to fewer medical 
regulatory requirements.

                            ECONOMIC IMPACT

    The bill would not authorize new spending by the Federal 
Government and is not expected to have an adverse impact on the 
Nation's economy. Additional costs to the Federal Government 
will vary based upon the number of pilots who choose to avail 
themselves of the new right to a de novo trial in U.S. District 
Court after appealing an FAA enforcement to the NTSB. The 
Federal Government will be responsible for the additional costs 
incurred to argue each case for a second time at a de novo 
trial before the U.S. District Court, including the costs to 
reintroduce all evidence and expert witness testimony, and 
staff resources from the U.S. Attorney's Office within the 
Department of Justice. There could, however, be positive 
economic impacts, especially for the aviation community, if the 
reduction in medical certification burdens encourages more 
individuals to remain or become pilots.

                                PRIVACY

    The bill would have little, if any, impact on the personal 
privacy of individuals.

                               paperwork

    The bill would not significantly increase paperwork 
requirements for private individuals or businesses. Section 2 
of the bill would require the FAA to revise rules related to 
medical certification requirements and operational regulations 
for certain recreational pilots, and therefore, the agency 
would be required to publish at least one rulemaking in the 
Federal Register. That section would require the FAA to develop 
a form containing a checklist to be used during comprehensive 
medical examinations of pilots every four years. Current FAA 
regulations require medical examinations every 2 years for 
pilots over the age of 40, so there would be a significant 
reduction in paperwork due to the decreased frequency in 
medical examinations.
    That section would also require the development of an 
online medical education course and require pilots to submit a 
series of forms to the FAA upon completion of that course. 
Pilots also would be required to keep various records related 
to the online medical education course and comprehensive 
physical medical examinations, but these are not substantially 
greater than existing paperwork requirements related to medical 
certifications and logbooks. The bill would require the FAA to 
produce three reports to Congress, one in coordination with the 
NTSB on the impact of the changes to medical certification 
requirements, one on streamlining the process for obtaining an 
Authorization for Special Issuance, and one on medical 
conditions that have been added to the Conditions AMEs 
(Aviation Medical Examiners) Can Issue (CACI) program. Section 
6 of the bill would require the FAA to promulgate regulations 
or guidance to ensure compliance with the new requirements of 
that section, but the extent and nature of such action should 
not be great considering the relatively limited scope of the 
provision.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short title.

    This section would designate the short title of the bill as 
the, ``Pilot's Bill of Rights 2.''

Section 2. Medical certification of certain small aircraft pilots.

    This section would create an exemption, under specified 
circumstances, to the FAA's current third-class airman medical 
certification requirements for GA pilots.\2\ This section would 
direct the FAA to issue or revise regulations to ensure that an 
individual may operate as a pilot of a ``covered aircraft'', if 
certain conditions are met. In particular, the flight must be 
operated at an altitude of 18,000 feet or below and at an 
indicated airspeed of not more than 250 knots, and the 
individual must possess a valid State driver's license, comply 
with applicable medical requirements associated with that 
license, comply with applicable health requirements described 
below, be transporting five or fewer passengers (not including 
the pilot), and be operating under visual or instrument flight 
rules. A pilot may not operate a flight under this exemption 
for compensation or hire.
---------------------------------------------------------------------------
    \2\There are three classes of pilot medical certifications: the 
third-class airman medical certificate, needed for a private pilot 
license; the second-class airman medical certificate, needed for a 
commercial pilot license; and the first-class airman medical 
certificate, needed for an Airline Transport Pilot license.
---------------------------------------------------------------------------
    A ``covered aircraft'' would be one that is authorized 
under Federal law to carry not more than 6 occupants, and has a 
maximum certificated takeoff weight of no more than 6,000 
pounds.
    A pilot seeking to operate an aircraft under the revised 
medical requirements would be required to have had ``one-
touch'' with the FAA. Specifically, an individual would be 
required to have held an FAA medical certificate in the 10 
years before enactment of the section or at some point 
thereafter. A pilot who obtained such a certificate would not 
be required to return to the FAA to renew or otherwise obtain a 
medical certificate except as otherwise set forth in this 
section.
    Every two years, an individual would be required to 
complete an online airman medical education course that meets 
the following requirements: available on the Internet free of 
charge; developed and periodically updated in coordination with 
representatives of relevant GA stakeholder groups; educates 
pilots on conducting medical self-assessments; advises pilots 
on how to identify warning signs of potential serious medical 
conditions; outlines risk mitigation strategies for medical 
conditions; increases awareness of potentially impairing 
medications; encourages regular medical exams and consultations 
with primary care physicians; and informs pilots of the 
regulations pertaining to the prohibition on flying during a 
medical deficiency.
    The medical education course may be developed by the FAA, 
or the agency could utilize a suitable one developed by a 
nonprofit or not-for-profit GA organization. The FAA shall 
coordinate with GA stakeholder groups promptly to ensure that 
the online course is provided in a timely manner through the 
FAA website or other means. If any entity other than the FAA 
creates an online medical course intended to satisfy the 
requirements of this legislation, that entity must coordinate 
with the FAA to ensure that it meets all FAA standards.
    This section would provide that an individual may not 
qualify for the exemption if the most recent application for 
airman medical certification the individual submitted to the 
FAA was completed and the FAA denied the application. In some 
instances, when an individual is referred to the FAA to be 
considered for an Authorization for Special Issuance, the 
individual or the individual's physician does not provide all 
of the information or documentation required under that process 
and the application is closed for inactivity or failure to 
provide information. In such instances, the applications would 
not be considered complete for the purposes of this section. 
While individuals who are ultimately denied issuance of an 
airman medical certificate would not qualify for the exemption, 
nothing should be construed as precluding an individual from 
attempting to obtain a medical certification in the future, and 
thereafter qualifying for the exemption once the initial 
medical certification requirement is met, as well as all other 
relevant requirements under this section.
    At the conclusion of the medical education course, a series 
of forms would be generated for the pilot to complete and 
submit to the FAA. One of the forms that would be provided to 
the pilot is the medical examination checklist described below.
    A pilot would also be required to have a comprehensive 
medical examination every four years. The examination must 
include a review of a checklist of medical items and 
conditions, as specified in the bill, similar to one currently 
used by AMEs.\3\ The FAA would be required to develop this 
checklist within 180 days of the date of enactment of the bill, 
and the Committee fully expects the agency to comply with this 
stringent deadline.
---------------------------------------------------------------------------
    \3\An AME is a private physician who has been designated by the FAA 
and given the authority to perform flight physical examinations and 
issue aviation medical certificates.
---------------------------------------------------------------------------
    The pilot also would be required to provide a comprehensive 
medical history and a list of drugs (prescription and non-
prescription) he or she takes, which the physician would be 
required to review with the pilot during the examination. The 
physician performing the examination must also follow the 
checklist of items to be evaluated, aimed at identifying 
conditions that could interfere with the safe operation of an 
aircraft. The physician would be instructed to address, as 
medically appropriate, any medical conditions identified and 
any drugs the pilot is taking. In some instances, a simple 
discussion of the condition or drugs may be adequate. In other 
cases, a referral to a specialist or further tests may be 
required. The pilot's physician would be required to certify 
that all items on the checklist were discussed during the exam, 
including any drugs the pilot is taking, and that the 
examination included all items on that checklist.
    Pilots would be required to retain certificates and forms 
demonstrating an understanding of applicable medical 
requirements and compliance with the new requirements in the 
bill. Among other things, all pilots would be required to 
certify that they understand that they may not fly during a 
period of medical deficiency.
    If diagnosed with any medical condition that may impact the 
ability to fly, an individual would be required to be under the 
care and treatment of a physician in order to fly. Individuals 
who are diagnosed with certain mental health and neurological 
disorders would be required to have or obtain an Authorization 
for Special Issuance of a Medical Certificate, which is the 
current standard process.\4\ Individuals diagnosed with certain 
cardiovascular conditions would be required to go through the 
Special Issuance process (as modified by the bill) one time for 
each diagnosed condition. For such individuals, the 
requirements for obtaining a Special Issuance may be satisfied 
with the successful completion of an appropriate clinical 
evaluation without an FAA-imposed mandatory wait period, during 
which a pilot may not fly. Other than the foregoing specified 
mental, neurological, or cardiovascular conditions or 
disorders, the bill would not require a pilot operating under 
the exemption in this section to go through the Special 
Issuance process for any other medical conditions or disorders.
---------------------------------------------------------------------------
    \4\The FAA may issue an Authorization for Special Issuance of a 
Medical Certificate, with a specified validity period, to an applicant 
who does not meet the established medical standards (i.e., has a 
disqualifying medical condition). The applicant must demonstrate to the 
FAA that the duties authorized by the class of medical certificate 
applied for can be performed without endangering public safety.
---------------------------------------------------------------------------
    The medical certificate exemption established in this 
section would not be available for individuals with clinically 
diagnosed mental health or neurological conditions if the 
individual's medical specialist determines such conditions 
render the individual unable (or reasonably expected to make 
him or her unable) to fly under the operational flight 
parameters in this section.
    The FAA would be required to identify medical conditions 
that could be added to an existing agency program, known as 
CACI, that allows AMEs to issue medical certificates for 
individuals with certain conditions that are known to be 
treatable (reducing the aviation safety risk) without requiring 
the individuals to go through the Authorization for Special 
Issuance of a Medical Certificate process. The FAA must consult 
with aviation, medical, and union stakeholders to identify 
conditions that should be reviewed by aviation medical experts, 
using the best available scientific evidence, to determine 
whether they can be added to the CACI process.
    The FAA also would be required to implement procedures to 
streamline the process for obtaining an Authorization for 
Special Issuance of a Medical Certificate and similar 
consultations would be required.
    Five years after the date of enactment, the FAA, in 
coordination with the NTSB, must report to Congress on the 
effects of the changes made by this section.
    This section would prohibit the FAA from taking enforcement 
action against a pilot of a covered aircraft for not holding a 
valid third-class airman medical certificate if the pilot and 
the flight meet the requirements, through a good faith effort, 
under subsection (a) of this section (except for the medical 
education course required under subsection (a)(5)), unless the 
FAA has published final regulations implementing the 
requirements of this section. The exception for subsection 
(a)(5) is to ensure that the FAA cannot circumvent the 
enforcement prohibition if the development of the medical 
course is delayed. The limitation on enforcement would come 
into effect one year after enactment of the provision.

Section 3. Expansion of Pilot's Bill of Rights.

    This section would make several amendments to the Pilot's 
Bill of Rights, which allows individuals denied an airman 
certificate to appeal that denial to U.S. District Court after 
it has been upheld under the normal NTSB appeals process. This 
section would expand the scope of that provision to allow 
individuals who have had their airman certificates suspended or 
revoked to avail themselves of the same appeals process, and 
would modify the standard of review for appeals in U.S. 
District Court.
    A key change to current law, under this bill, is the 
availability of a U.S. District Court review on a de novo basis 
once the current administrative remedies have been exhausted 
(including an appeal to the full NTSB). Under a de novo review, 
the District Court would try the matter. In such a court case, 
any element of the record of administrative review could be 
presented as evidence, but the court would not be compelled to 
give deference to administrative decisions. Also in such court 
cases, the FAA would bear the burden of proof under any appeal 
related to suspended or revoked certificates while the airman 
would bear the burden for the appeal of a denied certificate. 
The intent is that the FAA would bear the burden of proof in 
instances where the agency is accusing a pilot of an infraction 
against rules, however the pilot would bear the burden of proof 
when he or she is required to demonstrate proficiency or 
sufficient qualifications.
    This section would impose new requirements for 
notifications with respect to FAA investigations relating to 
airman certificates.
    This section would set out requirements for the FAA to 
provide a copy of the releasable portion of the investigative 
report to the holder of an airman certificate who is the 
subject of certain enforcement actions. If the FAA fails to 
adhere to the requirements of this section, the certificate 
holder may move to dismiss the complaint before an 
administrative law judge (ALJ). The ALJ may order appropriate 
relief, if the FAA fails to establish good cause for failure to 
comply with this section. This section would also define the 
portions of an investigative report considered releasable.

Section 4. Limitations on reexamination of certificate holders.

    This section would only apply to reexaminations that are 
ordered due to the fault of the FAA. It would prohibit the FAA 
from reexamining a GA pilot holding a student, sport, 
recreational, or private pilot airman certificate unless the 
agency has reasonable grounds to: (1) establish a lack of 
qualification on the part of the pilot; or (2) demonstrate that 
the certificate was obtained through fraud or an exam that was 
inadequate. Before taking action to reexamine a pilot, the FAA 
would be required to provide a GA pilot the reasonable basis 
for the reexamination and relevant information that formed that 
basis.
    This section would prohibit the FAA from ordering certain 
certificate actions against a GA pilot, after a reexamination, 
unless the FAA determines that the pilot lacks the technical 
skills and competency, or care, judgment, and responsibility, 
necessary to hold and safely exercise the privileges of the 
certificate, or fraudulently obtained it. This section also 
would set forth the standard of review for any such certificate 
actions.

Section 5. Expediting updates to NOTAM program.

    This section would amend the Pilot's Bill of Rights to 
require the NOTAM Improvement Program to be maintained in a 
public repository that is accessible on the Internet, machine 
readable, and searchable. It also would require the FAA to 
include temporary flight restrictions within the NOTAM 
Improvement Program; direct the FAA to consider the repository 
of NOTAMs created to be the sole source location for pilots to 
check for NOTAMs; determine that NOTAMs are announced and 
published when included in the repository; and, after the FAA 
completes the NOTAM Improvement Program, prohibit the 
enforcement of a NOTAM violation if the NOTAM was not included 
in the repository before the flight commenced. The FAA also 
would be prohibited from enforcing NOTAM violations, within 180 
days after the date of enactment of this bill, until the FAA 
certifies to Congress that it has implemented the changes to 
the NOTAM system required by this section; however, an 
exception for national security is provided.

Section 6. Accessibility of certain flight data.

    This section would impose requirements on the FAA with 
regard to certain records related to certificate actions. 
Specifically, when the FAA receives a written request for a 
flight record (as defined in the Pilot's Bill of Rights) from 
an individual who is the subject of an investigation initiated 
by the FAA, and the covered flight record is not in the 
possession of the FAA, the Administrator would be required to 
request the relevant record from the contract tower or other 
contractor of the FAA that possesses such flight record. These 
records would be required to be provided to the FAA by such 
entities.
    If the Administrator has issued, or subsequently issues, a 
Notice of Proposed Certificate Action relying on evidence 
contained in a flight record, and the individual who is the 
subject of an investigation has requested the record, the FAA 
would be required to 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.
    The FAA would have 180 days after the date of enactment to 
promulgate regulations or guidance to ensure compliance with 
this section.
    Any contract or agreement entered into or renewed after 
enactment of the bill, between the FAA and a covered entity, 
must contain material terms to ensure compliance with the 
requirements of this section. Relevant contracts that are in 
effect on the date of enactment need not have such material 
terms unless the contract or agreement is renegotiated, 
renewed, or modified after that date.

Section 7. Authority for legal counsel to issue certain notices.

    This section would require the FAA to revise its 
regulations to authorize legal counsel to close certain 
enforcement actions with a warning notice, letter of 
corrections, or other administrative action.

                           Votes in Committee

    Senator Nelson offered an amendment, to the original 
amendment (in the nature of a substitute) offered by Senator 
Manchin, to require an independent panel of aerospace medical 
experts to set standards for the comprehensive medical 
examination in subsection (a)(6) of section 2 of the bill, and 
to require that the examination follows a checklist of medical 
conditions that impair flight, which the pilot completes and 
signs, and the physician verifies. By a rollcall vote of 11 
yeas and 13 nays as follows, the amendment was defeated:
        YEAS--11                      NAYS--13
Mr. Nelson                          Mr. Wicker\1\
Ms. Cantwell                        Mr. Blunt\1\
Ms. McCaskill                       Mr. Rubio\1\
Ms. Klobuchar\1\                    Ms. Ayotte
Mr. Blumenthal                      Mr. Cruz\1\
Mr. Schatz                          Ms. Fischer\1\
Mr. Markey\1\                       Mr. Moran
Mr. Booker\1\                       Mr. Sullivan
Mr. Udall\1\                        Mr. Johnson\1\
Mr. Manchin                         Mr. Heller
Mr. Peters                          Mr. Gardner\1\
                                    Mr. Daines
                                    Mr. Thune

    \1\By proxy

    Senator Nelson offered an amendment, to the original 
amendment (in the nature of a substitute) offered by Senator 
Manchin, to limit Federal liability protection to Federal 
employees. By a rollcall vote of 11 yeas and 13 nays as 
follows, the amendment was defeated:
        YEAS--11                      NAYS--13
Mr. Nelson                          Mr. Wicker\1\
Ms. Cantwell                        Mr. Blunt\1\
Ms. McCaskill                       Mr. Rubio\1\
Ms. Klobuchar\1\                    Ms. Ayotte
Mr. Blumenthal                      Mr. Cruz\1\
Mr. Schatz                          Ms. Fischer\1\
Mr. Markey\1\                       Mr. Moran
Mr. Booker\1\                       Mr. Sullivan
Mr. Udall\1\                        Mr. Johnson\1\
Mr. Manchin                         Mr. Heller
Mr. Peters                          Mr. Gardner\1\
                                    Mr. Daines
                                    Mr. Thune

    \1\By proxy


                   ADDITIONAL VIEWS OF SENATOR NELSON

    I write separately to provide my views on S. 571, Pilot's 
Bill of Rights 2. I appreciate the work that Senators Manchin, 
Inhofe, and Thune have done to address safety concerns with the 
original bill. That progress is reflected in the substitute 
amendment offered by Senator Manchin and adopted at the 
Committee's Executive Session on December 9, 2015.
    The public, both in the air and on the ground, relies on 
the safety of our aviation system. As I noted in my remarks at 
the Executive Session of this Committee on November 18, 2015, 
we have the safest aviation system in the world, and we must 
ensure our ability to uphold that standard. That is the trust 
the public has put in us.
    Senator Manchin's December 9, 2015, substitute amendment 
included several important improvements based on the amendments 
that I filed to this bill for the Executive Session of this 
Committee on November 18, 2015. Though my amendments were not 
adopted at that time, the bill that was passed by this 
Committee on December 9, 2015, as amended by Senator Manchin's 
substitute, reflects their intent, to preserve safety in the 
context of this bill wherever possible.
    One area of improvement in the December 9, 2015, substitute 
amendment is the removal of a provision that would have 
insulated roughly 7,000 individuals operating in the aviation 
safety area from liability if they failed to carry out their 
duties responsibly. This liability exemption would have 
included Aviation Medical Examiners, Pilot Examiners, and 
Designated Airworthiness Representatives who conduct the 
testing and inspections for aviation manufacturing and 
maintenance. Designing and maintaining passenger aircraft, and 
certifying the commercial pilots who fly those aircraft, are 
safety critical responsibilities, and should not be shielded 
from accountability. That section of the bill has been removed.
    Several other sections have been modified, including 
provisions addressing the Federal Aviation Administration (FAA) 
reexamination of pilots, Notices to Airmen (NOTAM), and the 
process for appeals from FAA certificate actions. We have 
endeavored to strike the appropriate balance with procedural 
rights for airmen that facilitate transparency and allow access 
to U.S. District Court, while not limiting the FAA's ability to 
take action when there is evidence that a pilot is not safe or 
competent to fly.
    Perhaps the most important safety measure that has been 
adopted in the revised bill is the inclusion of a comprehensive 
checklist for medical examinations. If we are going to move 
from a system that involves Aviation Medical Examiners to a 
system that allows pilots to self-certify and see their own 
personal physicians, we must set standards for pilots and 
doctors to follow. The legislation now requires the FAA to 
develop a checklist for pilots to complete and for physicians 
to follow during the comprehensive medical examination that a 
pilot must certify to every four years. Pilots must also 
confirm that they do not know of any medical condition that 
would render them unsafe to fly. That requires ongoing 
monitoring on their part. Taken together, these provisions will 
help to ensure that pilots are medically fit to fly when they 
enter the national airspace and that the safety of our system 
is preserved.
    While I believe the bill has been improved, I continue to 
have reservations about the legislation. The two dozen 
amendments that I filed for the Executive Session on November 
18, 2015, contain many additional improvements to the bill that 
I hope my colleagues will consider adopting as this bill moves 
forward.
    On the operational side, this includes reducing the maximum 
altitude of the medical exemption in this bill to 10,000 feet, 
where pressurized cabins are not required and well below the 
cruising altitude of commercial aircraft, and limiting the 
number of passengers to one instead of five. I also filed an 
amendment to ensure an FAA-certified Aviation Medical Examiner 
has cleared pilots who wish to fly under this medical exemption 
within the past five years, not within the last decade.
    Furthermore, while I appreciate the inclusion of a 
checklist for pilots' medical exams and the additional 
attestation required for pilots with serious mental or 
neurological conditions, additional amendments I proposed to 
strengthen the medical standards were not adopted. These 
include amendments to require physicians to certify that they 
had treated medical conditions that might impact a pilot's 
ability to fly, to expand the list of medical conditions that 
would require additional review beyond those listed in this 
bill to include any condition that could interfere with the 
ability to operate an aircraft, to allow physicians to alert 
the FAA if a pilot has a mental or neurological condition that 
may render them unable to safely fly, and to permit FAA 
physicians to review a pilot's cardiovascular condition and 
treatment before allowing them to get back in the cockpit.
    Furthermore, I proposed that this exemption sunset in five 
years, just after the release of a National Transportation 
Safety Board (NTSB) study of the safety effects of this medical 
exemption required under this bill, so that Congress can 
evaluate any adverse impacts and determine whether to extend 
the exemption. It is our responsibility to understand the 
safety implications of decisions regarding the national 
airspace system and the airmen and aircraft operating in that 
system.
    I appreciate the willingness of Chairman Thune and the 
bill's lead sponsors, Senators Inhofe and Manchin, to engage in 
an ongoing dialogue and meaningful negotiations that led to 
these improvements. I look forward to continue working with 
them to perfect the legislation, which should be included in 
and considered as part of a comprehensive FAA Reauthorization 
bill. The FAA's current authorization expires on March 31, 
2016, and we must continue working together in a bipartisan 
fashion to ensure that all issues related to aviation safety 
are addressed in a comprehensive, long-term authorization bill.
                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                        TITLE 49. TRANSPORTATION


                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                          SUBPART III. SAFETY

                     CHAPTER 447. SAFETY REGULATION

Sec. 44709. Amendments, modifications, suspensions, and revocations of 
                    certificates

  (a) Reinspection and Reexamination.--[The Administrator]
          (1) In general.--The Administrator of the Federal 
        Aviation Administration may reinspect at any time a 
        civil aircraft, aircraft engine, propeller, appliance, 
        design organization, production certificate holder, air 
        navigation facility, or air agency, or [reexamine], 
        except as provided in paragraph (2), reexamine an 
        airman holding a certificate issued under section 44703 
        of this title.
          (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) Actions of the Administrator.--[The Administrator]
          (1) In general.--Except as provided in paragraph (2), 
        the Administrator may issue an order amending, 
        modifying, suspending, or revoking--
          [(1)](A) any part of a certificate issued under this 
        chapter if--
                  [(A)](i) the Administrator decides after 
                conducting a reinspection, reexamination, or 
                other investigation that safety in air commerce 
                or air transportation and the public interest 
                require that action; or
                  [(B)](ii) the holder of the certificate has 
                violated an aircraft noise or sonic boom 
                standard or regulation prescribed under section 
                44715(a) of this title; and
          [(2)](B) an airman certificate when the holder of the 
        certificate is convicted of violating section 13(a) of 
        the Fish and Wildlife Act of 1956 (16 U.S.C. 742j-
        1(a)).
          (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) Advice to Certificate Holders and Opportunity to 
Answer.--Before acting under subsection (b) of this section, 
the Administrator shall advise the holder of the certificate of 
the charges or other reasons on which the Administrator relies 
for the proposed action. Except in an emergency, the 
Administrator shall provide the holder an opportunity to answer 
the charges and be heard why the certificate should not be 
amended, modified, suspended, or revoked.
  (d) Appeals.--
          (1) A person adversely affected by an order of the 
        Administrator under this section may appeal the order 
        to the National Transportation Safety Board. After 
        notice and an opportunity for a hearing, the Board may 
        amend, modify, or reverse the order when the Board 
        finds--
                  (A) if the order was issued under [subsection 
                (b)(1)(A)] subsection (b)(1)(A)(i) of this 
                section, that safety in air commerce or air 
                transportation and the public interest do not 
                require affirmation of the order; or
                  (B) if the order was issued under [subsection 
                (b)(1)(B)] subsection (b)(1)(A)(ii) of this 
                section--
                          (i) that control or abatement of 
                        aircraft noise or sonic boom and the 
                        public health and welfare do not 
                        require affirmation of the order; or
                          (ii) the order, as it is related to a 
                        violation of aircraft noise or sonic 
                        boom standards and regulations, is not 
                        consistent with safety in air commerce 
                        or air transportation.
          (2) The Board may modify a suspension or revocation 
        of a certificate to imposition of a civil penalty.
          (3) When conducting a hearing under this subsection, 
        the Board is not bound by findings of fact of the 
        Administrator.
  (e) Effectiveness of Orders Pending Appeal.--
          (1) In general.--When a person files an appeal with 
        the Board under subsection (d), the order of the 
        Administrator is stayed.
          (2) Exception.--Notwithstanding paragraph (1), the 
        order of the Administrator is effective immediately if 
        the Administrator advises the Board that an emergency 
        exists and safety in air commerce or air transportation 
        requires the order to be effective immediately.
          (3) Review of emergency order.--A person affected by 
        the immediate effectiveness of the Administrator's 
        order under paragraph (2) may petition for a review by 
        the Board, under procedures promulgated by the Board, 
        of the Administrator's determination that an emergency 
        exists. Any such review shall be requested not later 
        than 48 hours after the order is received by the 
        person. If the Board finds that an emergency does not 
        exist that requires the immediate application of the 
        order in the interest of safety in air commerce or air 
        transportation, the order shall be stayed, 
        notwithstanding paragraph (2). The Board shall dispose 
        of a review request under this paragraph not later than 
        5 days after the date on which the request is filed.
          (4) Final disposition.--The Board shall make a final 
        disposition of an appeal under subsection (d) not later 
        than 60 days after the date on which the appeal is 
        filed.
  (f) Judicial Review.--A person substantially affected by an 
order of the Board under this section, or the Administrator 
when the Administrator decides that an order of the Board under 
this section will have a significant adverse impact on carrying 
out this part, may obtain judicial review of the order under 
section 46110 of this title. The Administrator shall be made a 
party to the judicial review proceedings. Findings of fact of 
the Board are conclusive if supported by substantial evidence.

                 PART B. AIRPORT DEVELOPMENT AND NOISE

                    CHAPTER 471. AIRPORT DEVELOPMENT

                   SUBCHAPTER I. AIRPORT IMPROVEMENT

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.

                         PILOT'S BILL OF RIGHTS


                  [Public Law 112-153; 126 Stat. 1159]

SEC. 2. FEDERAL AVIATION ADMINISTRATION ENFORCEMENT PROCEEDINGS AND 
                    ELIMINATION OF DEFERENCE.

                         [49 U.S.C. 44703 note]

  (a) In General.--Any proceeding conducted under subpart C, D, 
or F of part 821 of title 49, Code of Federal Regulations, 
relating to denial, amendment, modification, suspension, or 
revocation of an airman certificate, shall be conducted, to the 
extent practicable, in accordance with the Federal Rules of 
Civil Procedure and the Federal Rules of Evidence.
  (b) Access to Information.--
          (1) In general.--Except as provided under paragraph 
        (3), the Administrator of the Federal Aviation 
        Administration (referred to in this section as the 
        ``Administrator'') shall provide timely, written 
        notification to an individual who is the subject of an 
        investigation relating to the approval, denial, 
        suspension, modification, or revocation of an airman 
        certificate under chapter 447 of title 49, United 
        States Code.
          (2) Information required.--The notification required 
        under paragraph (1) shall inform the individual--
                  (A) of the nature of the investigation and 
                the specific activity on which the 
                investigation is based;
                  (B) that an oral or written response to a 
                Letter of Investigation from the Administrator 
                is not required;
                  (C) that no action or adverse inference can 
                be taken against the individual for declining 
                to respond to a Letter of Investigation from 
                the Administrator;
                  (D) that any response to a Letter of 
                Investigation from the Administrator or to an 
                inquiry made by a representative of the 
                Administrator by the individual may be used as 
                evidence against the individual;
                  (E) that the releasable portions of the 
                Administrator's investigative report will be 
                available to the individual; and
                  (F) that the individual is entitled to access 
                or otherwise obtain air traffic data described 
                in paragraph (4).
          (3) Exception.--The Administrator may delay [timely] 
        notification under paragraph (1) if the Administrator 
        determines that such notification may threaten the 
        integrity of the investigation.
          (4) Access to air traffic data.--
                  (A) FAA air traffic data.--The Administrator 
                shall provide an individual described in 
                paragraph (1) with timely access to any air 
                traffic data in the possession of the Federal 
                Aviation Administration that would facilitate 
                the individual's ability to productively 
                participate in a proceeding relating to an 
                investigation described in such paragraph.
                  (B) Air traffic data defined.--As used in 
                subparagraph (A), the term ``air traffic data'' 
                includes--
                          (i) relevant air traffic 
                        communication tapes;
                          (ii) radar information;
                          (iii) air traffic controller 
                        statements;
                          (iv) flight data;
                          (v) investigative reports; and
                          (vi) any other air traffic or flight 
                        data in the Federal Aviation 
                        Administration's possession that would 
                        facilitate the individual's ability to 
                        productively participate in the 
                        proceeding.
                  (C) Government contractor air traffic data.--
                          (i) In general.--Any individual 
                        described in paragraph (1) is entitled 
                        to obtain any air traffic data that 
                        would facilitate the individual's 
                        ability to productively participate in 
                        a proceeding relating to an 
                        investigation described in such 
                        paragraph from a government contractor 
                        that provides operational services to 
                        the Federal Aviation Administration, 
                        including control towers and flight 
                        service stations.
                          (ii) Required information from 
                        individual.--The individual may obtain 
                        the information described in clause (i) 
                        by submitting a request to the 
                        Administrator that--
                                  (I) describes the facility at 
                                which such information is 
                                located; and
                                  (II) identifies the date on 
                                which such information was 
                                generated.
                          (iii) Provision of information to 
                        individual.--If the Administrator 
                        receives a request under this 
                        subparagraph, the Administrator shall--
                                  (I) request the contractor to 
                                provide the requested 
                                information; and
                                  (II) upon receiving such 
                                information, transmitting the 
                                information to the requesting 
                                individual in a timely manner.
          (5) Timing.--Except when the Administrator determines 
        that an emergency exists under section [44709(c)(2)] 
        section 44709(e)(2) or 46105(c), the Administrator may 
        not proceed against an individual that is the subject 
        of an investigation described in paragraph (1) during 
        the 30-day period beginning on the date on which the 
        air traffic data required under paragraph (4) is made 
        available to the individual.
  (c) [Omitted]
  (d) Appeal From Certificate Actions.--
          (1) In general.--Upon a decision by the National 
        Transportation Safety Board upholding an order or a 
        final decision by the Administrator denying an airman 
        certificate under section 44703(d) of title 49, United 
        States Code, [or imposing a punitive civil action or an 
        emergency order of revocation under subsections (d) and 
        (e) of section 44709 of such title] 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, an individual substantially 
        affected by an order of the Board may, at the 
        individual's election, file an appeal in the United 
        States district court in which the individual resides 
        or in which the action in question occurred, or in the 
        United States District Court for the District of 
        Columbia. If the individual substantially affected by 
        an order of the Board elects not to file an appeal in a 
        United States district court, the individual may file 
        an appeal in an appropriate United States court of 
        appeals.
          (2) Emergency order pending judicial review.--
        Subsequent to a decision by the Board to uphold an 
        Administrator's emergency order under section 
        44709(e)(2) of title 49, United States Code, and absent 
        a stay of the enforcement of that order by the Board, 
        the emergency order of amendment, modification, 
        suspension, or revocation of a certificate shall remain 
        in effect, pending the exhaustion of an appeal to a 
        Federal district court as provided in this Act.
  (e) Standard of Review.--
          [(1) In general.--In an appeal filed under subsection 
        (d) in a United States district court, the district 
        court shall give full independent review of a denial, 
        suspension, or revocation ordered by the Administrator, 
        including substantive independent and expedited review 
        of any decision by the Administrator to make such order 
        effective immediately.]
          (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) 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.
          [(2)](3) Evidence.--A United States district court's 
        review under paragraph (1) shall include in evidence 
        any record of the proceeding before the Administrator 
        and any record of the proceeding before the National 
        Transportation Safety Board, including hearing 
        testimony, transcripts, exhibits, decisions, and briefs 
        submitted by the parties.
          (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.
  (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. 3. NOTICES TO AIRMEN.

                         [49 U.S.C. 44701 note]

  (a) In General.--
          (1) Definition.--In this section, the term ``NOTAM'' 
        means Notices to Airmen.
          (2) Improvements.--Not later than 180 days after the 
        date of the enactment of [this Act] the Pilot's Bill of 
        Rights 2, the Administrator of the Federal Aviation 
        Administration shall [begin] complete the 
        implementation of a Notice to Airmen Improvement 
        Program (in this section referred to as the ``NOTAM 
        Improvement Program'')--
                  (A) to improve the system of providing airmen 
                with pertinent and timely information regarding 
                the national airspace system;
                  [(B) to archive, in a public central 
                location, 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; and]
                  (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) to apply filters so that pilots can 
                prioritize critical flight safety information 
                from other airspace system information[.];
                  (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.
  (b) Goals of Program.--The goals of the NOTAM Improvement 
Program are--
          (1) to decrease the overwhelming volume of NOTAMs an 
        airman receives when retrieving airman information 
        prior to a flight in the national airspace system;
          (2) make the NOTAMs more specific and relevant to the 
        airman's route and in a format that is more useable to 
        the airman;
          (3) to provide a full set of NOTAM results in 
        addition to specific information requested by airmen;
          (4) to provide a document that is easily searchable; 
        and
          (5) to provide a filtering mechanism similar to that 
        provided by the Department of Defense Notices to 
        Airmen.
  (c) Advice From Private Sector Groups.--The Administrator 
shall establish a NOTAM Improvement Panel, which shall be 
comprised of representatives of relevant nonprofit and not-for-
profit general aviation pilot groups, to advise the 
Administrator in carrying out the goals of the NOTAM 
Improvement Program under this section.
  [(d) Phase-in and Completion.--The improvements required by 
this section shall be phased in as quickly as practicable and 
shall be completed not later than the date that is 1 year after 
the date of the enactment of this Act.]
  (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.

                                  [all]