[Congressional Record Volume 161, Number 182 (Tuesday, December 15, 2015)]
[Senate]
[Pages S8674-S8682]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PILOT'S BILL OF RIGHTS 2
Mr. INHOFE. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 319, S. 571.
The PRESIDING OFFICER. The clerk will report the bill by title.
The bill clerk read as follows:
A 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.
The PRESIDING OFFICER. Is there objection to proceeding to the
measure?
The Senator from Connecticut.
Mr. BLUMENTHAL. Mr. President, reserving the right to object, I have
worked hard, and I----
Mr. INHOFE. Will the Senator yield for one question?
Mr. BLUMENTHAL. Certainly, I will yield.
Mr. INHOFE. This is the request to move to the calendar number, and
the next request would be for the consideration.
Mr. BLUMENTHAL. Then I will be happy to yield at this point.
The PRESIDING OFFICER. Is there objection to proceeding to the
measure?
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation, with an amendment to strike all after the enacting
clause and insert in lieu thereof the following:
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--
[[Page S8675]]
(A) prior to the examination, the individual--
(i) completed the individual's section of the checklist
described in subsection (b); and
(ii) provided the completed checklist to the physician
performing the examination; and
(B) the physician conducted the comprehensive medical
examination in accordance with the checklist described in
subsection (b), checking each item specified during the
examination and addressing, as medically appropriate, every
medical condition listed, and any medications the individual
is taking; and
(8) the individual is operating in accordance with the
following conditions:
(A) The covered aircraft is carrying not more than 5
passengers.
(B) The individual is operating the covered aircraft under
visual flight rules or instrument flight rules.
(C) The flight, including each portion of that flight, is
not carried out--
(i) for compensation or hire, including that no passenger
or property on the flight is being carried for compensation
or hire;
(ii) at an altitude that is more than 18,000 feet above
mean sea level;
(iii) outside the United States, unless authorized by the
country in which the flight is conducted; or
(iv) at an indicated air speed exceeding 250 knots.
(b) Comprehensive Medical Examination.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall develop a
checklist for an individual to complete and provide to the
physician performing the comprehensive medical examination
required in subsection (a)(7).
(2) Requirements.--The checklist shall contain--
(A) a section, for the individual to complete that
contains--
(i) boxes 3 through 13 and boxes 16 through 19 of the
Federal Aviation Administration Form 8500-8 (3-99);
(ii) a signature line for the individual to affirm that--
(I) the answers provided by the individual on that
checklist, including the individual's answers regarding
medical history, are true and complete;
(II) the individual understands that he or she is
prohibited under Federal Aviation Administration regulations
from acting as pilot in command, or any other capacity as a
required flight crew member, if he or she knows or has reason
to know of any medical deficiency or medically disqualifying
condition that would make the individual unable to operate
the aircraft in a safe manner; and
(III) the individual is aware of the regulations pertaining
to the prohibition on operations during medical deficiency
and has no medically disqualifying conditions in accordance
with applicable law;
(B) a section with instructions for the individual to
provide the completed checklist to the physician performing
the comprehensive medical examination required in subsection
(a)(7); and
(C) a section, for the physician to complete, that
instructs the physician--
(i) to perform a clinical examination of--
(I) head, face, neck, and scalp;
(II) nose, sinuses, mouth, and throat;
(III) ears, general (internal and external canals), and
eardrums (perforation);
(IV) eyes (general), ophthalmoscopic, pupils (equality and
reaction), and ocular motility (associated parallel movement,
nystagmus);
(V) lungs and chest (not including breast examination);
(VI) heart (precordial activity, rhythm, sounds, and
murmurs);
(VII) vascular system (pulse, amplitude, and character, and
arms, legs, and others);
(VIII) abdomen and viscera (including hernia);
(IX) anus (not including digital examination);
(X) skin;
(XI) G-U system (not including pelvic examination);
(XII) upper and lower extremities (strength and range of
motion);
(XIII) spine and other musculoskeletal;
(XIV) identifying body marks, scars, and tattoos (size and
location);
(XV) lymphatics;
(XVI) neurologic (tendon reflexes, equilibrium, senses,
cranial nerves, and coordination, etc.);
(XVII) psychiatric (appearance, behavior, mood,
communication, and memory);
(XVIII) general systemic;
(XIX) hearing;
(XX) vision (distant, near, and intermediate vision, field
of vision, color vision, and ocular alignment);
(XXI) blood pressure and pulse; and
(XXII) anything else the physician, in his or her medical
judgment, considers necessary;
(ii) to exercise medical discretion to address, as
medically appropriate, any medical conditions identified, and
to exercise medical discretion in determining whether any
medical tests are warranted as part of the comprehensive
medical examination;
(iii) to discuss all drugs the individual reports taking
(prescription and nonprescription) and their potential to
interfere with the safe operation of an aircraft or motor
vehicle;
(iv) to sign the checklist, stating: ``I certify that I
discussed all items on this checklist with the individual
during my examination, discussed any medications the
individual is taking that could interfere with their ability
to safely operate an aircraft or motor vehicle, and performed
an examination that included all of the items on this
checklist.''; and
(v) to provide the date the comprehensive medical
examination was completed, and the physician's full name,
address, telephone number, and State medical license number.
(3) Logbook.--The completed checklist shall be retained in
the individual's logbook and made available on request.
(c) Medical Education Course Requirements.--The medical
education course described in this subsection shall--
(1) be available on the Internet free of charge;
(2) be developed and periodically updated in coordination
with representatives of relevant nonprofit and not-for-profit
general aviation stakeholder groups;
(3) educate pilots on conducting medical self-assessments;
(4) advise pilots on identifying warning signs of potential
serious medical conditions;
(5) identify risk mitigation strategies for medical
conditions;
(6) increase awareness of the impacts of potentially
impairing over-the-counter and prescription drug medications;
(7) encourage regular medical examinations and
consultations with primary care physicians;
(8) inform pilots of the regulations pertaining to the
prohibition on operations during medical deficiency and
medically disqualifying conditions;
(9) provide the checklist developed by the Federal Aviation
Administration in accordance with subsection (b); and
(10) upon successful completion of the course,
electronically provide to the individual and transmit to the
Federal Aviation Administration--
(A) a certification of completion of the medical education
course, which shall be printed and retained in the
individual's logbook and made available upon request, and
shall contain the individual's name, address, and airman
certificate number;
(B) subject to subsection (d), a release authorizing the
National Driver Register through a designated State
Department of Motor Vehicles to furnish to the Federal
Aviation Administration information pertaining to the
individual's driving record;
(C) a certification by the individual that the individual
is under the care and treatment of a physician if the
individual has been diagnosed with any medical condition that
may impact the ability of the individual to fly, as required
under (a)(6);
(D) a form that includes--
(i) the name, address, telephone number, and airman
certificate number of the individual;
(ii) the name, address, telephone number, and State medical
license number of the physician performing the comprehensive
medical examination required in subsection (a)(7);
(iii) the date of the comprehensive medical examination
required in subsection (a)(7); and
(iv) a certification by the individual that the checklist
described in subsection (b) was followed in the comprehensive
medical examination required in subsection (a)(7); and
(E) a statement, which shall be printed, and signed by the
individual certifying that the individual understands the
existing prohibition on operations during medical deficiency
by stating: ``I understand that I cannot act as pilot in
command, or any other capacity as a required flight crew
member, if I know or have reason to know of any medical
condition that would make me unable to operate the aircraft
in a safe manner.''.
(d) National Driver Register.--The authorization under
subsection (c)(10)(B) shall be an authorization for a single
access to the information contained in the National Driver
Register.
(e) Special Issuance Process.--
(1) In general.--An individual who has qualified for the
third-class medical certificate exemption under subsection
(a) and is seeking to serve as a pilot in command of a
covered aircraft shall be required to have completed the
process for obtaining an Authorization for Special Issuance
of a Medical Certificate for each of the following:
(A) A mental health disorder, limited to an established
medical history or clinical diagnosis of--
(i) personality disorder that is severe enough to have
repeatedly manifested itself by overt acts;
(ii) psychosis, defined as a case in which an individual--
(I) has manifested delusions, hallucinations, grossly
bizarre or disorganized behavior, or other commonly accepted
symptoms of psychosis; or
(II) may reasonably be expected to manifest delusions,
hallucinations, grossly bizarre or disorganized behavior, or
other commonly accepted symptoms of psychosis;
(iii) bipolar disorder; or
(iv) substance dependence within the previous 2 years, as
defined in section 67.307(a)(4) of title 14, Code of Federal
Regulations.
(B) A neurological disorder, limited to an established
medical history or clinical diagnosis of any of the
following:
(i) Epilepsy.
(ii) Disturbance of consciousness without satisfactory
medical explanation of the cause.
(iii) A transient loss of control of nervous system
functions without satisfactory medical explanation of the
cause.
(C) A cardiovascular condition, limited to a one-time
special issuance for each diagnosis of the following:
(i) Myocardial infraction.
(ii) Coronary heart disease that has required treatment.
(iii) Cardiac valve replacement.
(iv) Heart replacement.
(2) Special rule for cardiovascular conditions.--In the
case of an individual with a cardiovascular condition, the
process for obtaining an Authorization for Special Issuance
of a Medical Certificate shall be satisfied with the
successful completion of an appropriate clinical evaluation
without a mandatory wait period.
(3) Special rule for mental health conditions.--
[[Page S8676]]
(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.
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.
[[Page S8677]]
``(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
[[Page S8678]]
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.
Mr. INHOFE. Mr. President, I further ask unanimous consent that the
Feinstein amendment be agreed to; that the committee-reported
substitute, as amended, be agreed to; that the bill, as amended, be
read a third time and passed; and that the motion to reconsider be
considered made and laid upon the table.
The PRESIDING OFFICER. Is there objection?
The Senator from Connecticut.
Mr. BLUMENTHAL. Mr. President, reserving the right to object, I want
to thank the Senator from Oklahoma for his hard work and his dedication
to the Pilot's Bill of Rights, which is before us now, and I know he
has in his heart and mind the best interests of our aviation public.
I have sought to improve this bill. I have had strong concerns about
a number of its provisions. I want to thank him and thank Senator
Thune, Senator Nelson, and Senator Manchin, as well as Senator
Feinstein and Senator Reed, for the improvements they have made to the
bill. But I feel, with all due respect, that problems remain.
We have an effective medical certification system now which,
unfortunately, this bill undermines, in my view. This bill replaces it
with an untested framework, making it easier for people with dangerous
medical conditions to fly. There is really no medical certificate
effective to deal with potential medical problems. I am gravely
concerned that this bill may lead to an increase in the number of
aviation accidents.
My hope is--since it has 69 cosponsors, and the will of the Senate
now is apparently to move forward--that we can perhaps improve it in
the course of the FAA reauthorization. I hope some of these issues can
be addressed in that process. I hope my colleague Senator Inhofe will
work with me to keep the policy proposals outlined in this bill in mind
as we go forward with the FAA reauthorization bill--and that is
scheduled to be sometime next year--so that further improvements can be
given due consideration.
Again, I thank the Senator from Oklahoma for his hard work on this
bill, and I withdraw my objection.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 2928) was agreed to, as follows:
(Purpose: To clarify the administrative authorities and to improve the
physician certification)
On page 37, line 12, after the period, insert the
following: ``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.''.
On page 40, line 6, insert ``and signed by the physician''
after ``followed''.
On page 48, between lines 3 and 4, insert the following:
(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.
The committee-reported amendment in the nature of a substitute, as
amended, was agreed to.
The bill (S. 571), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:
S. 571
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;
[[Page S8679]]
(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.
[[Page S8680]]
(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.
[[Page S8681]]
``(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.
[[Page S8682]]
``(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.
Mr. INHOFE. Mr. President, first of all, let me thank the Senator
from Connecticut, because it is complicated. This is something that--it
is also very difficult to actually explain a bill to 69 people and get
that many cosponsors. But it is something we have been concerned about
for a long time. Ten years ago, on the light aircraft, we actually had
this language--even stronger than it is now. In that period of time,
there hasn't been one accident that can be related to a third-class
medical. I think the time has proven itself in 10 years.
To respond, I would be very happy to work with the Senator from
Connecticut on problems that may rise that I don't envision right now.
I appreciate very much his cooperation and also his staying around this
late at night.
Thank you so much.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________