S. 1335 

One Hundred Twelfth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and twelve 

An Act 

To amend title 49, United States Code, to provide rights for pilots, and for other 

purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

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

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

(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; 

(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). 
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(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) 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) AMENDMENTS TO TITLE 49.— 
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(1) AIRMAN CERTIFICATES.—Section 44703(d)(2) of title 49, 

United States Code, is amended by striking ‘‘but is bound 

by all validly adopted interpretations of laws and regulations 

the Administrator carries out unless the Board finds an 

interpretation is arbitrary, capricious, or otherwise not 

according to law’’. 

(2) AMENDMENTS, MODIFICATIONS, SUSPENSIONS, AND REVOCATIONS OF CERTIFICATES.—Section 44709(d)(3) of such title 

is amended by striking ‘‘but is bound by all validly adopted 

interpretations of laws and regulations the Administrator carries out and of written agency policy guidance available to 

the public related to sanctions to be imposed under this section 

unless the Board finds an interpretation is arbitrary, capricious, 

or otherwise not according to law’’. 

(3) REVOCATION OF AIRMAN CERTIFICATES FOR CONTROLLED

SUBSTANCE VIOLATIONS.—Section 44710(d)(1) of such title is 

amended by striking ‘‘but shall be bound by all validly adopted 

interpretations of laws and regulations the Administrator carries out and of written agency policy guidance available to 

the public related to sanctions to be imposed under this section 

unless the Board finds an interpretation is arbitrary, capricious, 

or otherwise not according to law’’. 

(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, 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. 

(2) 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 
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Board, including hearing testimony, transcripts, exhibits, 

decisions, and briefs submitted by the parties. 

SEC. 3. NOTICES TO AIRMEN. 

(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 Administrator of the Federal 

Aviation Administration shall begin 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 

(C) to apply filters so that pilots can prioritize critical 

flight safety information from other airspace system 

information. 

(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. 

SEC. 4. MEDICAL CERTIFICATION. 

(a) ASSESSMENT.— (1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Comptroller General of the 

United States shall initiate an assessment of the Federal Aviation Administration’s medical certification process and the associated medical standards and forms. 

(2) REPORT.—The Comptroller General shall submit a 

report to Congress based on the assessment required under 

paragraph (1) that examines— 

(A) revisions to the medical application form that would 

provide greater clarity and guidance to applicants; 
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(B) the alignment of medical qualification policies with 

present-day qualified medical judgment and practices, as 

applied to an individual’s medically relevant circumstances; 

and 

(C) steps that could be taken to promote the public’s 

understanding of the medical requirements that determine 

an airman’s medical certificate eligibility. 

(b) GOALS OF THE FEDERAL AVIATION ADMINISTRATION’S MEDICAL CERTIFICATION PROCESS.—The goals of the Federal Aviation 

Administration’s medical certification process are— 

(1) to provide questions in the medical application form 

that— 

(A) are appropriate without being overly broad; 

(B) are subject to a minimum amount of misinterpretation and mistaken responses; 

(C) allow for consistent treatment and responses during 

the medical application process; and 

(D) avoid unnecessary allegations that an individual 

has intentionally falsified answers on the form; 

(2) to provide questions that elicit information that is relevant to making a determination of an individual’s medical 

qualifications within the standards identified in the Administrator’s regulations; 

(3) to give medical standards greater meaning by ensuring 

the information requested aligns with present-day medical judgment and practices; and 

(4) to ensure that— 

(A) the application of such medical standards provides 

an appropriate and fair evaluation of an individual’s qualifications; and 

(B) the individual understands the basis for determining medical qualifications. 

(c) ADVICE FROM PRIVATE SECTOR GROUPS.—The Administrator 

shall establish a panel, which shall be comprised of representatives 

of relevant nonprofit and not-for-profit general aviation pilot groups, 

aviation medical examiners, and other qualified medical experts, 

to advise the Administrator in carrying out the goals of the assessment required under this section. 

(d) FEDERAL AVIATION ADMINISTRATION RESPONSE.—Not later 

than 1 year after the issuance of the report by the Comptroller 
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General pursuant to subsection (a)(2), the Administrator shall take 

appropriate actions to respond to such report. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.