IC 

114TH CONGRESS 

1ST SESSION S. 571 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 16, 2015 

Referred to the Committee on Transportation and Infrastructure 

AN ACT 

To amend the Pilot’s Bill of Rights to facilitate appeals 

and to apply to other certificates issued by the Federal 

Aviation Administration, to require the revision of the 

third class medical certification regulations issued by the 

Federal Aviation Administration, and for other purposes. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

S 571 RFH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

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

5 SEC. 2. MEDICAL CERTIFICATION OF CERTAIN SMALL AIR6 CRAFT PILOTS. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of enactment of this Act, the Administrator of the 

9 Federal Aviation Administration shall issue or revise regu10 lations to ensure that an individual may operate as pilot 

11 in command of a covered aircraft if— 

12 (1) the individual possesses a valid driver’s li13 cense issued by a State, territory, or possession of 

14 the United States and complies with all medical re15 quirements or restrictions associated with that li16 cense; 

17 (2) the individual holds a medical certificate 

18 issued by the Federal Aviation Administration on 

19 the date of enactment of this Act, held such a cer20 tificate at any point during the 10-year period pre21 ceding such date of enactment, or obtains such a 

22 certificate after such date of enactment; 

23 (3) the most recent medical certificate issued by 

24 the Federal Aviation Administration to the indi25 vidual— 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

S 571 RFH

1 (A) indicates whether the certificate is 

2 first, second, or third class; 

3 (B) may include authorization for special 

4 issuance; 

5 (C) may be expired; 

6 (D) cannot have been revoked or sus7 pended; and 

8 (E) cannot have been withdrawn; 

9 (4) the most recent application for airman med10 ical certification submitted to the Federal Aviation 

11 Administration by the individual cannot have been 

12 completed and denied; 

13 (5) the individual has completed a medical edu14 cation course described in subsection (c) during the 

15 24 calendar months before acting as pilot in com16 mand of a covered aircraft and demonstrates proof 

17 of completion of the course; 

18 (6) the individual, when serving as a pilot in 

19 command, is under the care and treatment of a phy20 sician if the individual has been diagnosed with any 

21 medical condition that may impact the ability of the 

22 individual to fly; 

23 (7) the individual has received a comprehensive 

24 medical examination from a State-licensed physician 

25 during the previous 48 months and— 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

S 571 RFH

1 (A) prior to the examination, the indi2 vidual— 

3 (i) completed the individual’s section 

4 of the checklist described in subsection (b); 

5 and 

6 (ii) provided the completed checklist 

7 to the physician performing the examina8 tion; and 

9 (B) the physician conducted the com10 prehensive medical examination in accordance 

11 with the checklist described in subsection (b), 

12 checking each item specified during the exam13 ination and addressing, as medically appro14 priate, every medical condition listed, and any 

15 medications the individual is taking; and 

16 (8) the individual is operating in accordance 

17 with the following conditions: 

18 (A) The covered aircraft is carrying not 

19 more than 5 passengers. 

20 (B) The individual is operating the covered 

21 aircraft under visual flight rules or instrument 

22 flight rules. 

23 (C) The flight, including each portion of 

24 that flight, is not carried out— 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

S 571 RFH

1 (i) for compensation or hire, including 

2 that no passenger or property on the flight 

3 is being carried for compensation or hire; 

4 (ii) at an altitude that is more than 

5 18,000 feet above mean sea level; 

6 (iii) outside the United States, unless 

7 authorized by the country in which the 

8 flight is conducted; or 

9 (iv) at an indicated air speed exceed10 ing 250 knots. 

11 (b) COMPREHENSIVE MEDICAL EXAMINATION.— 

12 (1) IN GENERAL.—Not later than 180 days 

13 after the date of enactment of this Act, the Adminis14 trator shall develop a checklist for an individual to 

15 complete and provide to the physician performing 

16 the comprehensive medical examination required in 

17 subsection (a)(7). 

18 (2) REQUIREMENTS.—The checklist shall con19 tain— 

20 (A) a section, for the individual to com21 plete that contains— 

22 (i) boxes 3 through 13 and boxes 16 

23 through 19 of the Federal Aviation Admin24 istration Form 8500–8 (3–99); 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

S 571 RFH

1 (ii) a signature line for the individual 

2 to affirm that— 

3 (I) the answers provided by the 

4 individual on that checklist, including 

5 the individual’s answers regarding 

6 medical history, are true and com7 plete; 

8 (II) the individual understands 

9 that he or she is prohibited under 

10 Federal Aviation Administration regu11 lations from acting as pilot in com12 mand, or any other capacity as a re13 quired flight crew member, if he or 

14 she knows or has reason to know of 

15 any medical deficiency or medically 

16 disqualifying condition that would 

17 make the individual unable to operate 

18 the aircraft in a safe manner; and 

19 (III) the individual is aware of 

20 the regulations pertaining to the pro21 hibition on operations during medical 

22 deficiency and has no medically dis23 qualifying conditions in accordance 

24 with applicable law; 


SSpencer on DSK4SPTVN1PROD with BILLS
7 

S 571 RFH

1 (B) a section with instructions for the indi2 vidual to provide the completed checklist to the 

3 physician performing the comprehensive medical 

4 examination required in subsection (a)(7); and 

5 (C) a section, for the physician to com6 plete, that instructs the physician— 

7 (i) to perform a clinical examination 

8 of— 

9 (I) head, face, neck, and scalp; 

10 (II) nose, sinuses, mouth, and 

11 throat; 

12 (III) ears, general (internal and 

13 external canals), and eardrums (per14 foration); 

15 (IV) eyes (general), 

16 ophthalmoscopic, pupils (equality and 

17 reaction), and ocular motility (associ18 ated parallel movement, nystagmus); 

19 (V) lungs and chest (not includ20 ing breast examination); 

21 (VI) heart (precordial activity, 

22 rhythm, sounds, and murmurs); 

23 (VII) vascular system (pulse, am24 plitude, and character, and arms, legs, 

25 and others); 


SSpencer on DSK4SPTVN1PROD with BILLS
8 

S 571 RFH

1 (VIII) abdomen and viscera (in2 cluding hernia); 

3 (IX) anus (not including digital 

4 examination); 

5 (X) skin; 

6 (XI) G–U system (not including 

7 pelvic examination); 

8 (XII) upper and lower extrem9 ities (strength and range of motion); 

10 (XIII) spine and other musculo11 skeletal; 

12 (XIV) identifying body marks, 

13 scars, and tattoos (size and location); 

14 (XV) lymphatics; 

15 (XVI) neurologic (tendon re16 flexes, equilibrium, senses, cranial 

17 nerves, and coordination, etc.); 

18 (XVII) psychiatric (appearance, 

19 behavior, mood, communication, and 

20 memory); 

21 (XVIII) general systemic; 

22 (XIX) hearing; 

23 (XX) vision (distant, near, and 

24 intermediate vision, field of vision, 

25 color vision, and ocular alignment); 


SSpencer on DSK4SPTVN1PROD with BILLS
9 

S 571 RFH

1 (XXI) blood pressure and pulse; 

2 and 

3 (XXII) anything else the physi4 cian, in his or her medical judgment, 

5 considers necessary; 

6 (ii) to exercise medical discretion to 

7 address, as medically appropriate, any 

8 medical conditions identified, and to exer9 cise medical discretion in determining 

10 whether any medical tests are warranted 

11 as part of the comprehensive medical ex12 amination; 

13 (iii) to discuss all drugs the individual 

14 reports taking (prescription and non15 prescription) and their potential to inter16 fere with the safe operation of an aircraft 

17 or motor vehicle; 

18 (iv) to sign the checklist, stating: ‘‘I 

19 certify that I discussed all items on this 

20 checklist with the individual during my ex21 amination, discussed any medications the 

22 individual is taking that could interfere 

23 with their ability to safely operate an air24 craft or motor vehicle, and performed an 

25 examination that included all of the items 


SSpencer on DSK4SPTVN1PROD with BILLS
10 

S 571 RFH

1 on this checklist. I certify that I am not 

2 aware of any medical condition that, as 

3 presently treated, could interfere with the 

4 individual’s ability to safely operate an air5 craft.’’; and 

6 (v) to provide the date the comprehen7 sive medical examination was completed, 

8 and the physician’s full name, address, 

9 telephone number, and State medical li10 cense number. 

11 (3) LOGBOOK.—The completed checklist shall 

12 be retained in the individual’s logbook and made 

13 available on request. 

14 (c) MEDICAL EDUCATION COURSE REQUIRE15 MENTS.—The medical education course described in this 

16 subsection shall— 

17 (1) be available on the Internet free of charge; 

18 (2) be developed and periodically updated in co19 ordination with representatives of relevant nonprofit 

20 and not-for-profit general aviation stakeholder 

21 groups; 

22 (3) educate pilots on conducting medical self-as23 sessments; 

24 (4) advise pilots on identifying warning signs of 

25 potential serious medical conditions; 


SSpencer on DSK4SPTVN1PROD with BILLS
11 

S 571 RFH

1 (5) identify risk mitigation strategies for med2 ical conditions; 

3 (6) increase awareness of the impacts of poten4 tially impairing over-the-counter and prescription 

5 drug medications; 

6 (7) encourage regular medical examinations and 

7 consultations with primary care physicians; 

8 (8) inform pilots of the regulations pertaining 

9 to the prohibition on operations during medical defi10 ciency and medically disqualifying conditions; 

11 (9) provide the checklist developed by the Fed12 eral Aviation Administration in accordance with sub13 section (b); and 

14 (10) upon successful completion of the course, 

15 electronically provide to the individual and transmit 

16 to the Federal Aviation Administration— 

17 (A) a certification of completion of the 

18 medical education course, which shall be printed 

19 and retained in the individual’s logbook and 

20 made available upon request, and shall contain 

21 the individual’s name, address, and airman cer22 tificate number; 

23 (B) subject to subsection (d), a release au24 thorizing the National Driver Register through 

25 a designated State Department of Motor VehiVerDate Sep 11 2014 00:48 Dec 19, 2015 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S571.RFH S571

SSpencer on DSK4SPTVN1PROD with BILLS
12 

S 571 RFH

1 cles to furnish to the Federal Aviation Adminis2 tration information pertaining to the individ3 ual’s driving record; 

4 (C) a certification by the individual that 

5 the individual is under the care and treatment 

6 of a physician if the individual has been diag7 nosed with any medical condition that may im8 pact the ability of the individual to fly, as re9 quired under (a)(6); 

10 (D) a form that includes— 

11 (i) the name, address, telephone num12 ber, and airman certificate number of the 

13 individual; 

14 (ii) the name, address, telephone num15 ber, and State medical license number of 

16 the physician performing the comprehen17 sive medical examination required in sub18 section (a)(7); 

19 (iii) the date of the comprehensive 

20 medical examination required in subsection 

21 (a)(7); and 

22 (iv) a certification by the individual 

23 that the checklist described in subsection 

24 (b) was followed and signed by the physiVerDate Sep 11 2014 00:48 Dec 19, 2015 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S571.RFH S571

SSpencer on DSK4SPTVN1PROD with BILLS
13 

S 571 RFH

1 cian in the comprehensive medical exam2 ination required in subsection (a)(7); and 

3 (E) a statement, which shall be printed, 

4 and signed by the individual certifying that the 

5 individual understands the existing prohibition 

6 on operations during medical deficiency by stat7 ing: ‘‘I understand that I cannot act as pilot in 

8 command, or any other capacity as a required 

9 flight crew member, if I know or have reason to 

10 know of any medical condition that would make 

11 me unable to operate the aircraft in a safe 

12 manner.’’. 

13 (d) NATIONAL DRIVER REGISTER.—The authoriza14 tion under subsection (c)(10)(B) shall be an authorization 

15 for a single access to the information contained in the Na16 tional Driver Register. 

17 (e) SPECIAL ISSUANCE PROCESS.— 

18 (1) IN GENERAL.—An individual who has quali19 fied for the third-class medical certificate exemption 

20 under subsection (a) and is seeking to serve as a 

21 pilot in command of a covered aircraft shall be re22 quired to have completed the process for obtaining 

23 an Authorization for Special Issuance of a Medical 

24 Certificate for each of the following: 


SSpencer on DSK4SPTVN1PROD with BILLS
14 

S 571 RFH

1 (A) A mental health disorder, limited to an 

2 established medical history or clinical diagnosis 

3 of— 

4 (i) personality disorder that is severe 

5 enough to have repeatedly manifested itself 

6 by overt acts; 

7 (ii) psychosis, defined as a case in 

8 which an individual— 

9 (I) has manifested delusions, hal10 lucinations, grossly bizarre or disorga11 nized behavior, or other commonly ac12 cepted symptoms of psychosis; or 

13 (II) may reasonably be expected 

14 to manifest delusions, hallucinations, 

15 grossly bizarre or disorganized behav16 ior, or other commonly accepted 

17 symptoms of psychosis; 

18 (iii) bipolar disorder; or 

19 (iv) substance dependence within the 

20 previous 2 years, as defined in section 

21 67.307(a)(4) of title 14, Code of Federal 

22 Regulations. 

23 (B) A neurological disorder, limited to an 

24 established medical history or clinical diagnosis 

25 of any of the following: 


SSpencer on DSK4SPTVN1PROD with BILLS
15 

S 571 RFH

1 (i) Epilepsy. 

2 (ii) Disturbance of consciousness with3 out satisfactory medical explanation of the 

4 cause. 

5 (iii) A transient loss of control of 

6 nervous system functions without satisfac7 tory medical explanation of the cause. 

8 (C) A cardiovascular condition, limited to a 

9 one-time special issuance for each diagnosis of 

10 the following: 

11 (i) Myocardial infraction. 

12 (ii) Coronary heart disease that has 

13 required treatment. 

14 (iii) Cardiac valve replacement. 

15 (iv) Heart replacement. 

16 (2) SPECIAL RULE FOR CARDIOVASCULAR CON17 DITIONS.—In the case of an individual with a car18 diovascular condition, the process for obtaining an 

19 Authorization for Special Issuance of a Medical Cer20 tificate shall be satisfied with the successful comple21 tion of an appropriate clinical evaluation without a 

22 mandatory wait period. 

23 (3) SPECIAL RULE FOR MENTAL HEALTH CON24 DITIONS.— 


SSpencer on DSK4SPTVN1PROD with BILLS
16 

S 571 RFH

1 (A) In the case of an individual with a 

2 clinically diagnosed mental health condition, the 

3 third-class medical certificate exemption under 

4 subsection (a) shall not apply if— 

5 (i) in the judgment of the individual’s 

6 State-licensed medical specialist, the condi7 tion— 

8 (I) renders the individual unable 

9 to safely perform the duties or exer10 cise the airman privileges described in 

11 subsection (a)(8); or 

12 (II) may reasonably be expected 

13 to make the individual unable to per14 form the duties or exercise the privi15 leges described in subsection (a)(8); or 

16 (ii) the individual’s driver’s license is 

17 revoked by the issuing agency as a result 

18 of a clinically diagnosed mental health con19 dition. 

20 (B) Subject to subparagraph (A), an indi21 vidual clinically diagnosed with a mental health 

22 condition shall certify every 2 years, in conjunc23 tion with the certification under subsection 

24 (c)(10)(C), that the individual is under the care 


SSpencer on DSK4SPTVN1PROD with BILLS
17 

S 571 RFH

1 of a State-licensed medical specialist for that 

2 mental health condition. 

3 (4) SPECIAL RULE FOR NEUROLOGICAL CONDI4 TIONS.— 

5 (A) In the case of an individual with a 

6 clinically diagnosed neurological condition, the 

7 third-class medical certificate exemption under 

8 subsection (a) shall not apply if— 

9 (i) in the judgment of the individual’s 

10 State-licensed medical specialist, the condi11 tion— 

12 (I) renders the individual unable 

13 to safely perform the duties or exer14 cise the airman privileges described in 

15 subsection (a)(8); or 

16 (II) may reasonably be expected 

17 to make the individual unable to per18 form the duties or exercise the privi19 leges described in subsection (a)(8); or 

20 (ii) the individual’s driver’s license is 

21 revoked by the issuing agency as a result 

22 of a clinically diagnosed neurological condi23 tion. 

24 (B) Subject to subparagraph (A), an indi25 vidual clinically diagnosed with a neurological 


SSpencer on DSK4SPTVN1PROD with BILLS
18 

S 571 RFH

1 condition shall certify every 2 years, in conjunc2 tion with the certification under subsection 

3 (c)(10)(C), that the individual is under the care 

4 of a State-licensed medical specialist for that 

5 neurological condition. 

6 (f) IDENTIFICATION OF ADDITIONAL MEDICAL CON7 DITIONS FOR THE CACI PROGRAM.— 

8 (1) IN GENERAL.—Not later than 180 days 

9 after the date of enactment of this Act, the Adminis10 trator shall review and identify additional medical 

11 conditions that could be added to the program 

12 known as the Conditions AMEs Can Issue (CACI) 

13 program. 

14 (2) CONSULTATIONS.—In carrying out para15 graph (1), the Administrator shall consult with avia16 tion, medical, and union stakeholders. 

17 (3) REPORT REQUIRED.—Not later than 180 

18 days after the date of enactment of this Act, the Ad19 ministrator shall submit to the Committee on Com20 merce, Science, and Transportation of the Senate 

21 and the Committee on Transportation and Infra22 structure of the House of Representatives a report 

23 listing the medical conditions that have been added 

24 to the CACI program under paragraph (1). 


SSpencer on DSK4SPTVN1PROD with BILLS
19 

S 571 RFH

1 (g) EXPEDITED AUTHORIZATION FOR SPECIAL

2 ISSUANCE OF A MEDICAL CERTIFICATE.— 

3 (1) IN GENERAL.—The Administrator shall im4 plement procedures to expedite the process for ob5 taining an Authorization for Special Issuance of a 

6 Medical Certificate under section 67.401 of title 14, 

7 Code of Federal Regulations. 

8 (2) CONSULTATIONS.—In carrying out para9 graph (1), the Administrator shall consult with avia10 tion, medical, and union stakeholders. 

11 (3) REPORT REQUIRED.—Not later than 1 year 

12 after the date of enactment of this Act, the Adminis13 trator shall submit to the Committee on Commerce, 

14 Science, and Transportation of the Senate and the 

15 Committee on Transportation and Infrastructure of 

16 the House of Representatives a report describing 

17 how the procedures implemented under paragraph 

18 (1) will streamline the process for obtaining an Au19 thorization for Special Issuance of a Medical Certifi20 cate and reduce the amount of time needed to review 

21 and decide special issuance cases. 

22 (h) REPORT REQUIRED.—Not later than 5 years 

23 after the date of enactment of this Act, the Administrator, 

24 in coordination with the National Transportation Safety 

25 Board, shall submit to the Committee on Commerce, 


SSpencer on DSK4SPTVN1PROD with BILLS
20 

S 571 RFH

1 Science, and Transportation of the Senate and the Com2 mittee on Transportation and Infrastructure of the House 

3 of Representatives a report that describes the effect of the 

4 regulations issued or revised under subsection (a) and in5 cludes statistics with respect to changes in small aircraft 

6 activity and safety incidents. 

7 (i) PROHIBITION ON ENFORCEMENT ACTIONS.—Be8 ginning on the date that is 1 year after the date of enact9 ment of this Act, the Administrator may not take an en10 forcement action for not holding a valid third-class med11 ical certificate against a pilot of a covered aircraft for a 

12 flight, through a good faith effort, if the pilot and the 

13 flight meet the applicable requirements under subsection 

14 (a), except paragraph (5), unless the Administrator has 

15 published final regulations in the Federal Register under 

16 that subsection. 

17 (j) COVERED AIRCRAFT DEFINED.—In this section, 

18 the term ‘‘covered aircraft’’ means an aircraft that— 

19 (1) is authorized under Federal law to carry not 

20 more than 6 occupants; and 

21 (2) has a maximum certificated takeoff weight 

22 of not more than 6,000 pounds. 

23 (k) OPERATIONS COVERED.—The provisions and re24 quirements covered in this section do not apply to pilots 

25 who elect to operate under the medical requirements under 


SSpencer on DSK4SPTVN1PROD with BILLS
21 

S 571 RFH

1 subsection (b) or subsection (c) of section 61.23 of title 

2 14, Code of Federal Regulations. 

3 (l) AUTHORITY TO REQUIRE ADDITIONAL INFORMA4 TION.— 

5 (1) IN GENERAL.—If the Administrator receives 

6 credible or urgent information, including from the 

7 National Driver Register or the Administrator’s 

8 Safety Hotline, that reflects on an individual’s abil9 ity to safely operate a covered aircraft under the 

10 third-class medical certificate exemption in sub11 section (a), the Administrator may require the indi12 vidual to provide additional information or history so 

13 that the Administrator may determine whether the 

14 individual is safe to continue operating a covered 

15 aircraft. 

16 (2) USE OF INFORMATION.—The Administrator 

17 may use credible or urgent information received 

18 under paragraph (1) to request an individual to pro19 vide additional information or to take actions under 

20 section 44709(b) of title 49, United States Code. 

21 SEC. 3. EXPANSION OF PILOT’S BILL OF RIGHTS. 

22 (a) APPEALS OF SUSPENDED AND REVOKED AIRMAN

23 CERTIFICATES.—Section 2(d)(1) of the Pilot’s Bill of 

24 Rights (Public Law 112–153; 126 Stat. 1159; 49 U.S.C. 

25 44703 note) is amended by striking ‘‘or imposing a puniVerDate Sep 11 2014 00:48 Dec 19, 2015 Jkt 059200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S571.RFH S571

SSpencer on DSK4SPTVN1PROD with BILLS
22 

S 571 RFH

1 tive civil action or an emergency order of revocation under 

2 subsections (d) and (e) of section 44709 of such title’’ and 

3 inserting ‘‘suspending or revoking an airman certificate 

4 under section 44709(d) of such title, or imposing an emer5 gency order of revocation under subsections (d) and (e) 

6 of section 44709 of such title’’. 

7 (b) DE NOVO REVIEW BY DISTRICT COURT; BURDEN

8 OF PROOF.—Section 2(e) of the Pilot’s Bill of Rights 

9 (Public Law 112–153; 126 Stat. 1159; 49 U.S.C. 44703 

10 note) is amended— 

11 (1) by amending paragraph (1) to read as fol12 lows: 

13 ‘‘(1) IN GENERAL.—In an appeal filed under 

14 subsection (d) in a United States district court with 

15 respect to a denial, suspension, or revocation of an 

16 airman certificate by the Administrator— 

17 ‘‘(A) the district court shall review the de18 nial, suspension, or revocation de novo, includ19 ing by— 

20 ‘‘(i) conducting a full independent re21 view of the complete administrative record 

22 of the denial, suspension, or revocation; 

23 ‘‘(ii) permitting additional discovery 

24 and the taking of additional evidence; and 


SSpencer on DSK4SPTVN1PROD with BILLS
23 

S 571 RFH

1 ‘‘(iii) making the findings of fact and 

2 conclusions of law required by Rule 52 of 

3 the Federal Rules of Civil Procedure with4 out being bound to any findings of fact of 

5 the Administrator or the National Trans6 portation Safety Board.’’; 

7 (2) by redesignating paragraph (2) as para8 graph (3); and 

9 (3) by inserting after paragraph (1) the fol10 lowing: 

11 ‘‘(2) BURDEN OF PROOF.—In an appeal filed 

12 under subsection (d) in a United States district 

13 court after an exhaustion of administrative remedies, 

14 the burden of proof shall be as follows: 

15 ‘‘(A) In an appeal of the denial of an ap16 plication for the issuance or renewal of an air17 man certificate under section 44703 of title 49, 

18 United States Code, the burden of proof shall 

19 be upon the applicant denied an airman certifi20 cate by the Administrator. 

21 ‘‘(B) In an appeal of an order issued by 

22 the Administrator under section 44709 of title 

23 49, United States Code, the burden of proof 

24 shall be upon the Administrator.’’; and 

25 (4) by adding at the end the following: 


SSpencer on DSK4SPTVN1PROD with BILLS
24 

S 571 RFH

1 ‘‘(4) APPLICABILITY OF ADMINISTRATIVE PRO2 CEDURE ACT.—Notwithstanding paragraph (1)(A) of 

3 this subsection or subsection (a)(1) of section 554 of 

4 title 5, United States Code, section 554 of such title 

5 shall apply to adjudications of the Administrator 

6 and the National Transportation Safety Board to 

7 the same extent as that section applied to such adju8 dications before the date of enactment of the Pilot’s 

9 Bill of Rights 2.’’. 

10 (c) NOTIFICATION OF INVESTIGATION.—Subsection 

11 (b) of section 2 of the Pilot’s Bill of Rights (Public Law 

12 112–153; 126 Stat. 1159; 49 U.S.C. 44703 note) is 

13 amended— 

14 (1) in paragraph (2)(A), by inserting ‘‘and the 

15 specific activity on which the investigation is based’’ 

16 after ‘‘nature of the investigation’’; and 

17 (2) in paragraph (3), by striking ‘‘timely’’; and 

18 (3) in paragraph (5), by striking ‘‘section 

19 44709(c)(2)’’ and inserting ‘‘section 44709(e)(2)’’. 

20 (d) RELEASE OF INVESTIGATIVE REPORTS.—Section 

21 2 of the Pilot’s Bill of Rights (Public Law 112–153; 126 

22 Stat. 1159; 49 U.S.C. 44703 note) is further amended by 

23 inserting after subsection (e) the following: 

24 ‘‘(f) RELEASE OF INVESTIGATIVE REPORTS.— 

25 ‘‘(1) IN GENERAL.— 


SSpencer on DSK4SPTVN1PROD with BILLS
25 

S 571 RFH

1 ‘‘(A) EMERGENCY ORDERS.—In any pro2 ceeding conducted under part 821 of title 49, 

3 Code of Federal Regulations, relating to the 

4 amendment, modification, suspension, or rev5 ocation of an airman certificate, in which the 

6 Administrator issues an emergency order under 

7 subsections (d) and (e) of section 44709, sec8 tion 44710, or section 46105(c) of title 49, 

9 United States Code, or another order that takes 

10 effect immediately, the Administrator shall pro11 vide to the individual holding the airman certifi12 cate the releasable portion of the investigative 

13 report at the time the Administrator issues the 

14 order. If the complete Report of Investigation is 

15 not available at the time the Emergency Order 

16 is issued, the Administrator shall issue all por17 tions of the report that are available at the time 

18 and shall provide the full report within 5 days 

19 of its completion. 

20 ‘‘(B) OTHER ORDERS.—In any non-emer21 gency proceeding conducted under part 821 of 

22 title 49, Code of Federal Regulations, relating 

23 to the amendment, modification, suspension, or 

24 revocation of an airman certificate, in which the 

25 Administrator notifies the certificate holder of a 


SSpencer on DSK4SPTVN1PROD with BILLS
26 

S 571 RFH

1 proposed certificate action under subsections 

2 (b) and (c) of section 44709 or section 44710 

3 of title 49, United States Code, the Adminis4 trator shall, upon the written request of the 

5 covered certificate holder and at any time after 

6 that notification, provide to the covered certifi7 cate holder the releasable portion of the inves8 tigative report. 

9 ‘‘(2) MOTION FOR DISMISSAL.—If the Adminis10 trator does not provide the releasable portions of the 

11 investigative report to the individual holding the air12 man certificate subject to the proceeding referred to 

13 in paragraph (1) by the time required by that para14 graph, the individual may move to dismiss the com15 plaint of the Administrator or for other relief and, 

16 unless the Administrator establishes good cause for 

17 the failure to provide the investigative report or for 

18 a lack of timeliness, the administrative law judge 

19 shall order such relief as the judge considers appro20 priate. 

21 ‘‘(3) RELEASABLE PORTION OF INVESTIGATIVE

22 REPORT.—For purposes of paragraph (1), the re23 leasable portion of an investigative report is all in24 formation in the report, except for the following: 

25 ‘‘(A) Information that is privileged. 


SSpencer on DSK4SPTVN1PROD with BILLS
27 

S 571 RFH

1 ‘‘(B) Information that constitutes work 

2 product or reflects internal deliberative process. 

3 ‘‘(C) Information that would disclose the 

4 identity of a confidential source. 

5 ‘‘(D) Information the disclosure of which is 

6 prohibited by any other provision of law. 

7 ‘‘(E) Information that is not relevant to 

8 the subject matter of the proceeding. 

9 ‘‘(F) Information the Administrator can 

10 demonstrate is withheld for good cause. 

11 ‘‘(G) Sensitive security information, as de12 fined in section 15.5 of title 49, Code of Fed13 eral Regulations (or any corresponding similar 

14 ruling or regulation). 

15 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

16 this subsection shall be construed to prevent the Ad17 ministrator from releasing to an individual subject 

18 to an investigation described in subsection (b)(1)— 

19 ‘‘(A) information in addition to the infor20 mation included in the releasable portion of the 

21 investigative report; or 

22 ‘‘(B) a copy of the investigative report be23 fore the Administrator issues a complaint.’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
28 

S 571 RFH

1 SEC. 4. LIMITATIONS ON REEXAMINATION OF CERTIFICATE 

2 HOLDERS. 

3 (a) IN GENERAL.—Section 44709(a) of title 49, 

4 United States Code, is amended— 

5 (1) by striking ‘‘The Administrator’’ and insert6 ing the following: 

7 ‘‘(1) IN GENERAL.—The Administrator’’; 

8 (2) by striking ‘‘reexamine’’ and inserting ‘‘, ex9 cept as provided in paragraph (2), reexamine’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(2) LIMITATION ON THE REEXAMINATION OF

12 AIRMAN CERTIFICATES.— 

13 ‘‘(A) IN GENERAL.—The Administrator 

14 may not reexamine an airman holding a stu15 dent, sport, recreational, or private pilot certifi16 cate issued under section 44703 of this title if 

17 the reexamination is ordered as a result of an 

18 event involving the fault of the Federal Aviation 

19 Administration or its designee, unless the Ad20 ministrator has reasonable grounds— 

21 ‘‘(i) to establish that the airman may 

22 not be qualified to exercise the privileges of 

23 a particular certificate or rating, based 

24 upon an act or omission committed by the 

25 airman while exercising those privileges, 

26 after the certificate or rating was issued by 


SSpencer on DSK4SPTVN1PROD with BILLS
29 

S 571 RFH

1 the Federal Aviation Administration or its 

2 designee; or 

3 ‘‘(ii) to demonstrate that the airman 

4 obtained the certificate or the rating 

5 through fraudulent means or through an 

6 examination that was substantially and de7 monstrably inadequate to establish the air8 man’s qualifications. 

9 ‘‘(B) NOTIFICATION REQUIREMENTS.—Be10 fore taking any action to reexamine an airman 

11 under subparagraph (A), the Administrator 

12 shall provide to the airman— 

13 ‘‘(i) a reasonable basis, described in 

14 detail, for requesting the reexamination; 

15 and 

16 ‘‘(ii) any information gathered by the 

17 Federal Aviation Administration, that the 

18 Administrator determines is appropriate to 

19 provide, such as the scope and nature of 

20 the requested reexamination, that formed 

21 the basis for that justification.’’. 

22 (b) AMENDMENT, MODIFICATION, SUSPENSION, OR

23 REVOCATION OF AIRMAN CERTIFICATES AFTER REEXAM24 INATION.—Section 44709(b) of title 49, United States 

25 Code, is amended— 


SSpencer on DSK4SPTVN1PROD with BILLS
30 

S 571 RFH

1 (1) in paragraph (1), by redesignating subpara2 graphs (A) and (B) as clauses (i) and (ii), respec3 tively, and indenting appropriately; 

4 (2) by redesignating paragraphs (1) and (2) as 

5 subparagraphs (A) and (B), respectively, and indent6 ing appropriately; 

7 (3) in the matter preceding subparagraph (A), 

8 as redesignated, by striking ‘‘The Administrator’’ 

9 and inserting the following: 

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), the Administrator’’; and 

12 (4) by adding at the end the following: 

13 ‘‘(2) AMENDMENTS, MODIFICATIONS, SUSPEN14 SIONS, AND REVOCATIONS OF AIRMAN CERTIFICATES

15 AFTER REEXAMINATION.— 

16 ‘‘(A) IN GENERAL.—The Administrator 

17 may not issue an order to amend, modify, sus18 pend, or revoke an airman certificate held by a 

19 student, sport, recreational, or private pilot and 

20 issued under section 44703 of this title after a 

21 reexamination of the airman holding the certifi22 cate unless the Administrator determines that 

23 the airman— 

24 ‘‘(i) lacks the technical skills and com25 petency, or care, judgment, and responsiVerDate Sep 11 2014 00:48 Dec 19, 2015 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S571.RFH S571

SSpencer on DSK4SPTVN1PROD with BILLS
31 

S 571 RFH

1 bility, necessary to hold and safely exercise 

2 the privileges of the certificate; or 

3 ‘‘(ii) materially contributed to the 

4 issuance of the certificate by fraudulent 

5 means. 

6 ‘‘(B) STANDARD OF REVIEW.—Any order 

7 of the Administrator under this paragraph shall 

8 be subject to the standard of review provided 

9 for under section 2 of the Pilot’s Bill of Rights 

10 (49 U.S.C. 44703 note).’’. 

11 (c) CONFORMING AMENDMENTS.—Section 

12 44709(d)(1) of title 49, United States Code, is amended— 

13 (1) in subparagraph (A), by striking ‘‘sub14 section (b)(1)(A)’’ and inserting ‘‘subsection 

15 (b)(1)(A)(i)’’; and 

16 (2) in subparagraph (B), by striking ‘‘sub17 section (b)(1)(B)’’ and inserting ‘‘subsection 

18 (b)(1)(A)(ii)’’. 

19 SEC. 5. EXPEDITING UPDATES TO NOTAM PROGRAM. 

20 (a) IN GENERAL.— 

21 (1) Beginning on the date that is 180 days 

22 after the date of enactment of this Act, the Adminis23 trator of the Federal Aviation Administration may 

24 not take any enforcement action against any indi25 vidual for a violation of a NOTAM (as defined in 


SSpencer on DSK4SPTVN1PROD with BILLS
32 

S 571 RFH

1 section 3 of the Pilot’s Bill of Rights (49 U.S.C. 

2 44701 note)) until the Administrator certifies to the 

3 appropriate congressional committees that the Ad4 ministrator has complied with the requirements of 

5 section 3 of the Pilot’s Bill of Rights, as amended 

6 by this section. 

7 (2) In this subsection, the term ‘‘appropriate 

8 congressional committees’’ means— 

9 (A) the Committee on Commerce, Science, 

10 and Transportation of the Senate; and 

11 (B) the Committee on Transportation and 

12 Infrastructure of the House of Representatives. 

13 (b) AMENDMENTS.—Section 3 of the Pilot’s Bill of 

14 Rights (Public Law 112–153; 126 Stat. 1162; 49 U.S.C. 

15 44701 note) is amended— 

16 (1) in subsection (a)(2)— 

17 (A) in the matter preceding subparagraph 

18 (A)— 

19 (i) by striking ‘‘this Act’’ and insert20 ing ‘‘the Pilot’s Bill of Rights 2’’; and 

21 (ii) by striking ‘‘begin’’ and inserting 

22 ‘‘complete the implementation of’’; 

23 (B) by amending subparagraph (B) to read 

24 as follows: 


SSpencer on DSK4SPTVN1PROD with BILLS
33 

S 571 RFH

1 ‘‘(B) to continue developing and modern2 izing the NOTAM repository, in a public cen3 tral location, to maintain and archive all 

4 NOTAMs, including the original content and 

5 form of the notices, the original date of publica6 tion, and any amendments to such notices with 

7 the date of each amendment, in a manner that 

8 is Internet-accessible, machine-readable, and 

9 searchable;’’; 

10 (C) in subparagraph (C), by striking the 

11 period at the end and inserting a semicolon; 

12 and 

13 (D) by adding at the end the following: 

14 ‘‘(D) to specify the times during which 

15 temporary flight restrictions are in effect and 

16 the duration of a designation of special use air17 space in a specific area.’’; and 

18 (2) by amending subsection (d) to read as fol19 lows: 

20 ‘‘(d) DESIGNATION OF REPOSITORY AS SOLE

21 SOURCE FOR NOTAMS.— 

22 ‘‘(1) IN GENERAL.—The Administrator— 

23 ‘‘(A) shall consider the repository for 

24 NOTAMs under subsection (a)(2)(B) to be the 


SSpencer on DSK4SPTVN1PROD with BILLS
34 

S 571 RFH

1 sole location for airmen to check for NOTAMs; 

2 and 

3 ‘‘(B) may not consider a NOTAM to be 

4 announced or published until the NOTAM is in5 cluded in the repository for NOTAMs under 

6 subsection (a)(2)(B). 

7 ‘‘(2) PROHIBITION ON TAKING ACTION FOR VIO8 LATIONS OF NOTAMS NOT IN REPOSITORY.— 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 subparagraph (B), beginning on the date that 

11 the repository under subsection (a)(2)(B) is 

12 final and published, the Administrator may not 

13 take any enforcement action against an airman 

14 for a violation of a NOTAM during a flight if— 

15 ‘‘(i) that NOTAM is not available 

16 through the repository before the com17 mencement of the flight; and 

18 ‘‘(ii) that NOTAM is not reasonably 

19 accessible and identifiable to the airman. 

20 ‘‘(B) EXCEPTION FOR NATIONAL SECU21 RITY.—Subparagraph (A) shall not apply in the 

22 case of an enforcement action for a violation of 

23 a NOTAM that directly relates to national se24 curity.’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
35 

S 571 RFH

1 SEC. 6. ACCESSIBILITY OF CERTAIN FLIGHT DATA. 

2 (a) IN GENERAL.—Subchapter I of chapter 471 of 

3 title 49, United States Code, is amended by inserting after 

4 section 47124 the following: 

5 ‘‘§ 47124a. Accessibility of certain flight data 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) ADMINISTRATION.—The term ‘Administra8 tion’ means the Federal Aviation Administration. 

9 ‘‘(2) ADMINISTRATOR.—The term ‘Adminis10 trator’ means the Administrator of the Federal Avia11 tion Administration. 

12 ‘‘(3) APPLICABLE INDIVIDUAL.—The term ‘ap13 plicable individual’ means an individual who is the 

14 subject of an investigation initiated by the Adminis15 trator related to a covered flight record. 

16 ‘‘(4) CONTRACT TOWER.—The term ‘contract 

17 tower’ means an air traffic control tower providing 

18 air traffic control services pursuant to a contract 

19 with the Administration under the contract air traf20 fic control tower program under section 

21 47124(b)(3). 

22 ‘‘(5) COVERED FLIGHT RECORD.—The term 

23 ‘covered flight record’ means any air traffic data (as 

24 defined in section 2(b)(4)(B) of the Pilot’s Bill of 

25 Rights (49 U.S.C. 44703 note)), created, main26 tained, or controlled by any program of the AdminisVerDate Sep 11 2014 00:48 Dec 19, 2015 Jkt 059200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S571.RFH S571

SSpencer on DSK4SPTVN1PROD with BILLS
36 

S 571 RFH

1 tration, including any program of the Administration 

2 carried out by employees or contractors of the Ad3 ministration, such as contract towers, flight service 

4 stations, and controller training programs. 

5 ‘‘(b) PROVISION OF COVERED FLIGHT RECORD TO

6 ADMINISTRATION.— 

7 ‘‘(1) REQUESTS.—Whenever the Administration 

8 receives a written request for a covered flight record 

9 from an applicable individual and the covered flight 

10 record is not in the possession of the Administration, 

11 the Administrator shall request the covered flight 

12 record from the contract tower or other contractor 

13 of the Administration in possession of the covered 

14 flight record. 

15 ‘‘(2) PROVISION OF RECORDS.—Any covered 

16 flight record created, maintained, or controlled by a 

17 contract tower or another contractor of the Adminis18 tration that maintains covered flight records shall be 

19 provided to the Administration if the Administration 

20 requests the record pursuant to paragraph (1). 

21 ‘‘(3) NOTICE OF PROPOSED CERTIFICATE AC22 TION.—If the Administrator has issued, or subse23 quently issues, a Notice of Proposed Certificate Ac24 tion relying on evidence contained in the covered 

25 flight record and the individual who is the subject of 


SSpencer on DSK4SPTVN1PROD with BILLS
37 

S 571 RFH

1 an investigation has requested the record, the Ad2 ministrator shall promptly produce the record and 

3 extend the time the individual has to respond to the 

4 Notice of Proposed Certificate Action until the cov5 ered flight record is provided. 

6 ‘‘(c) IMPLEMENTATION.— 

7 ‘‘(1) IN GENERAL.—Not later than 180 days 

8 after the date of enactment of the Pilot’s Bill of 

9 Rights 2, the Administrator shall promulgate regula10 tions or guidance to ensure compliance with this sec11 tion. 

12 ‘‘(2) COMPLIANCE BY CONTRACTORS.— 

13 ‘‘(A) Compliance with this section by a 

14 contract tower or other contractor of the Ad15 ministration that maintains covered flight 

16 records shall be included as a material term in 

17 any contract between the Administration and 

18 the contract tower or contractor entered into or 

19 renewed on or after the date of enactment of 

20 the Pilot’s Bill of Rights 2. 

21 ‘‘(B) Subparagraph (A) shall not apply to 

22 any contract or agreement in effect on the date 

23 of enactment of the Pilot’s Bill of Rights 2 un24 less the contract or agreement is renegotiated, 

25 renewed, or modified after that date.’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
38 

S 571 RFH 

1 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

2 The table of contents for chapter 471 of title 49, United 

3 States Code, is amended by inserting after the item relat4 ing to section 47124 the following: 

‘‘47124a. Accessibility of certain flight data.’’. 

5 SEC. 7. AUTHORITY FOR LEGAL COUNSEL TO ISSUE CER6 TAIN NOTICES. 

7 Not later than 180 days after the date of enactment 

8 of this Act, the Administrator of the Federal Aviation Ad9 ministration shall revise section 13.11 of title 14, Code 

10 of Federal Regulations, to authorize legal counsel of the 

11 Federal Aviation Administration to close enforcement ac12 tions covered by that section with a warning notice, letter 

13 of correction, or other administrative action. 

Passed the Senate December 15, 2015. 

Attest: JULIE E. ADAMS, 

Secretary. 


SSpencer on DSK4SPTVN1PROD with BILLS