II 

114TH CONGRESS 

1ST SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 25, 2015 

Mr. INHOFE (for himself, Mr. MANCHIN, Mr. BOOZMAN, Mrs. SHAHEEN, Mr. 

DAINES, Mr. CASEY, Mr. WICKER, Ms. HEITKAMP, Mr. MORAN, Mr. 

TESTER, Mr. ROBERTS, Mr. BARRASSO, and Mr. KING) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

A BILL 

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. 

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 the ‘‘Pilot’s Bill of Rights 

5 2’’. 


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1 SEC. 2. MEDICAL CERTIFICATION OF CERTAIN SMALL AIR2 CRAFT PILOTS. 

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

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

5 the Federal Aviation Administration shall issue or revise 

6 medical certification regulations to ensure that an indi7 vidual may operate as pilot in command of a covered air8 craft without regard to any medical certification or proof 

9 of health requirement otherwise applicable under Federal 

10 law if— 

11 (1) the individual possesses a valid State driv12 er’s license and complies with any medical require13 ment associated with that license; 

14 (2) the individual is transporting not more than 

15 5 passengers; 

16 (3) the individual is operating under visual 

17 flight rules or instrument flight rules; and 

18 (4) the relevant flight, including each portion 

19 thereof, is not carried out— 

20 (A) for compensation, including that no 

21 passenger or property on the flight is being car22 ried for compensation; 

23 (B) at an altitude that is more than 

24 14,000 feet above mean sea level; 


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1 (C) outside the United States, unless au2 thorized by the country in which the flight is 

3 conducted; or 

4 (D) at an indicated air speed exceeding 

5 250 knots. 

6 (b) COVERED AIRCRAFT DEFINED.—In this section, 

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

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

9 more than 6 occupants; and 

10 (2) has a maximum certificated takeoff weight 

11 of not more than 6,000 pounds. 

12 (c) REPORT REQUIRED.—Not later than 5 years 

13 after the date of the enactment of this Act, the Adminis14 trator shall submit to Congress a report that describes the 

15 effect of the regulations issued or revised under subsection 

16 (a) and includes statistics with respect to changes in small 

17 aircraft activity and safety incidents. 

18 (d) PROHIBITION ON ENFORCEMENT ACTIONS.—On 

19 and after the date that is 180 days after the date of the 

20 enactment of this Act, the Administrator may not take 

21 an enforcement action for not holding a valid third-class 

22 medical certificate against a pilot of a covered aircraft for 

23 a flight if the pilot and the flight meet the applicable re24 quirements under paragraphs (1) through (4) of subVerDate Sep 11 2014 20:09 Mar 06, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S571.IS S571

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1 section (a) unless the Administrator has published final 

2 regulations in the Federal Register under subsection (a). 

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

4 (a) APPEALS NOT SUBJECT TO EXHAUSTION OF AD5 MINISTRATIVE REMEDIES.— 

6 (1) IN GENERAL.—Section 2(d)(1) of the Pilot’s 

7 Bill of Rights (Public Law 112–153; 126 Stat. 

8 1159; 49 U.S.C. 44703 note) is amended to read as 

9 follows: 

10 ‘‘(1) IN GENERAL.—Upon a decision by the Ad11 ministrator denying a covered certificate, or impos12 ing a punitive civil action or an order of revocation 

13 under section 44709 of title 49, United States Code, 

14 a person substantially affected by the decision may, 

15 at the person’s election, file an appeal with the Na16 tional Transportation Safety Board or, without fur17 ther administrative review, in the United States dis18 trict court in which the person resides or in which 

19 the action in question occurred, or in the United 

20 States District Court for the District of Columbia.’’. 

21 (2) CONFORMING AMENDMENT.—Section 

22 2(d)(2) of such Act is amended by striking ‘‘Federal 

23 district court’’ and inserting ‘‘United States district 

24 court’’. 


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

2 OF PROOF.—Section 2(e) of such Act is amended— 

3 (1) by amending paragraph (1) to read as fol4 lows: 

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

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

7 respect to a denial, suspension, or revocation of a 

8 covered certificate by the Administrator— 

9 ‘‘(A) the district court shall review the de10 nial, suspension, or revocation de novo, includ11 ing by— 

12 ‘‘(i) conducting a full independent re13 view of the complete administrative record 

14 of the denial, suspension, or revocation; 

15 ‘‘(ii) permitting additional discovery 

16 and the taking of additional evidence; and 

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

18 conclusions of law required by Rule 52 of 

19 the Federal Rules of Civil Procedure with20 out being bound to any facts found by the 

21 Administrator or the National Transpor22 tation Safety Board; and 

23 ‘‘(B) the Administrator shall bear the bur24 den of proof.’’; and 

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


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

3 or subsection (a)(1) of section 554 of title 5, United 

4 States Code, that section applies to adjudications of 

5 the Administrator and the National Transportation 

6 Safety Board to the same extent as that section ap7 plied to such adjudications before the date of the en8 actment of the Pilot’s Bill of Rights 2.’’. 

9 (c) EXPANSION TO ALL CERTIFICATES ISSUED BY

10 FEDERAL AVIATION ADMINISTRATION.— 

11 (1) IN GENERAL.—Section 2 of such Act is 

12 amended— 

13 (A) in subsection (a)— 

14 (i) by striking ‘‘subpart C, D, or F 

15 of’’; and 

16 (ii) by striking ‘‘an airman certifi17 cate’’ and inserting ‘‘a covered certificate’’; 

18 and 

19 (B) in subsection (b)(1), by striking ‘‘an 

20 airman certificate under chapter 447 of title 49, 

21 United States Code’’ and inserting ‘‘a covered 

22 certificate’’. 

23 (2) COVERED CERTIFICATE DEFINED.—Section 

24 2 of such Act is amended by adding at the end the 

25 following: 


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1 ‘‘(k) COVERED CERTIFICATE DEFINED.—In this sec2 tion, the term ‘covered certificate’ means an airman cer3 tificate, design organization certificate, holder of type cer4 tificate, production certificate, airworthiness certificate, 

5 air carrier operating certificate, airport operating certifi6 cate, air agency certificate, air navigation facility certifi7 cate, medical certificate, or any other authorization issued 

8 by the Administrator under chapter 447 of title 49, United 

9 States Code.’’. 

10 (3) CONFORMING AMENDMENTS.—Section 2 of 

11 such Act, as amended by this subsection, is further 

12 amended— 

13 (A) in subsection (b)(4)(C)— 

14 (i) in clause (i), by striking ‘‘Any indi15 vidual’’ and inserting ‘‘Any person’’; 

16 (ii) in clauses (ii) and (iii), in the 

17 clause headings, by striking ‘‘INDIVIDUAL’’ 

18 and inserting ‘‘PERSON’’; and 

19 (iii) in clause (iii)(II), by striking ‘‘the 

20 requesting individual’’ and inserting ‘‘the 

21 requesting person’’; 

22 (B) by striking ‘‘the individual’s’’ each 

23 place it appears and inserting ‘‘the person’s’’; 

24 (C) by striking ‘‘the individual’’ each place 

25 it appears and inserting ‘‘the person’’; and 


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1 (D) by striking ‘‘an individual’’ each place 

2 it appears and inserting ‘‘a person’’. 

3 (d) NOTIFICATION OF INVESTIGATION.—Section 2 of 

4 such Act is further amended— 

5 (1) by striking subsection (c); 

6 (2) by redesignating paragraph (5) of sub7 section (b) as subsection (c), and by moving such 

8 subsection, as so redesignated, two ems to the left; 

9 (3) in subsection (b)— 

10 (A) in paragraph (2)(A), by inserting ‘‘and 

11 the specific incident or incidents on which the 

12 investigation is based’’ after ‘‘nature of the in13 vestigation’’; 

14 (B) in paragraph (3), by striking ‘‘timely’’; 

15 (C) by redesignating paragraph (4) as 

16 paragraph (5); and 

17 (D) by inserting after paragraph (3) the 

18 following: 

19 ‘‘(4) FAILURE TO PROVIDE INFORMATION.—If 

20 the Administrator does not provide a person with 

21 the notification required by paragraph (1) with re22 spect to an investigation relating to the approval, de23 nial, suspension, modification, or revocation of a cov24 ered certificate, including all of the information reVerDate Sep 11 2014 20:09 Mar 06, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S571.IS S571

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1 quired under paragraph (2), the Administrator may 

2 not— 

3 ‘‘(A) retain records of the investigation; 

4 ‘‘(B) deny, suspend, or revoke the covered 

5 certificate; 

6 ‘‘(C) seek a civil penalty or other punitive 

7 action against the person; or 

8 ‘‘(D) in any way take action, including 

9 issuance of a warning letter or letter of correc10 tion or any other administrative action, with re11 gard to the matter that was the subject of the 

12 investigation.’’; and 

13 (4) in subsection (c), as redesignated by para14 graph (2), by striking ‘‘section 44709(c)(2)’’ and in15 serting ‘‘section 44709(e)(2)’’. 

16 (e) RELEASE OF INVESTIGATIVE REPORTS.—Section 

17 2 of such Act is amended by inserting after subsection 

18 (e) the following: 

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

20 ‘‘(1) IN GENERAL.— 

21 ‘‘(A) EMERGENCY ORDERS.—In any pro22 ceeding conducted under part 821 of title 49, 

23 Code of Federal Regulations, relating to denial, 

24 amendment, modification, suspension, or rev25 ocation of a covered certificate, in which the 


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1 Administrator issues an emergency order of rev2 ocation under subsections (d) and (e) of section 

3 44709 of title 49, United States Code, an emer4 gency order under section 46105(c) of such 

5 title, or another order that takes effect imme6 diately, the Administrator shall provide to the 

7 person holding the covered certificate the re8 leasable portion of the investigative report be9 fore issuing the order. 

10 ‘‘(B) OTHER ORDERS.—In any proceeding 

11 conducted under part 821 of title 49, Code of 

12 Federal Regulations, relating to denial, amend13 ment, modification, suspension, or revocation of 

14 a covered certificate, in which the Adminis15 trator notifies the holder of the covered certifi16 cate of a proposed action under subsections (b) 

17 and (c) of section 44709 of title 49, United 

18 States Code, the Administrator shall, upon re19 quest of the holder of the covered certificate 

20 and at any time after that notification, provide 

21 to the holder of the covered certificate the re22 leasable portion of the investigative report. 

23 ‘‘(2) MOTION FOR DISMISSAL.—If the Adminis24 trator does not provide the investigative report to 

25 the person holding the covered certificate subject to 


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1 the proceeding referred to in paragraph (1) by the 

2 time required by that paragraph, the person may 

3 move to dismiss the complaint of the Administrator 

4 or for other relief and, unless the Administrator es5 tablishes good cause for the failure to provide the in6 vestigative report, the administrative law judge shall 

7 order such relief as the judge considers appropriate. 

8 ‘‘(3) RELEASABLE PORTION OF REPORT.—For 

9 purposes of paragraph (1), the releasable portion of 

10 an investigative report is all information in the re11 port, except for the following: 

12 ‘‘(A) Information that is privileged. 

13 ‘‘(B) Information that constitutes work 

14 product or reflects internal deliberative process. 

15 ‘‘(C) Information that would disclose the 

16 identity of a confidential source. 

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

18 prohibited by any other provision of law. 

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

20 the subject matter of the proceeding. 

21 ‘‘(F) Information the Administrator can 

22 demonstrate is withheld for good cause. 

23 ‘‘(G) Sensitive security information, as de24 fined in section 15.5 of title 49, Code of FedVerDate Sep 11 2014 20:09 Mar 06, 2015 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S571.IS S571

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1 eral Regulations (or any corresponding similar 

2 ruling or regulation). 

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

4 this subsection shall be construed to prevent the Ad5 ministrator from releasing to a person subject to an 

6 investigation described in subsection (b)(1)— 

7 ‘‘(A) information in addition to the infor8 mation included in the releasable portion of the 

9 investigative report; or 

10 ‘‘(B) a copy of the investigative report be11 fore the Administrator issues a complaint.’’. 

12 (f) LIMITATION ON DOCUMENT REQUESTS.—Section 

13 2 of such Act, as amended by subsection (e), is further 

14 amended by inserting after subsection (f) the following: 

15 ‘‘(g) LIMITATION ON DOCUMENT REQUESTS.—In 

16 any case in which the Administrator initiates an investiga17 tion described in subsection (b)(1) with respect to a per18 son, the Administrator and the investigating officials may 

19 request documents from the person only if the request is 

20 limited and narrowly tailored to issues in the investiga21 tion.’’. 

22 (g) RESPONSE TO REQUESTS BY REPAIR STATIONS

23 TO SETTLE OR WITHDRAW.—Section 2 of such Act, as 

24 amended by subsections (e) and (f), is further amended 

25 by inserting after subsection (g) the following: 


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1 ‘‘(h) RESPONSE TO REQUESTS BY REPAIR STATIONS

2 TO SETTLE OR WITHDRAW.—The Administrator shall re3 spond to a written request by a repair station holding a 

4 certificate under part 145, Code of Federal Regulations, 

5 that is subject to an investigation described in subsection 

6 (b)(1) to withdraw from or settle a proceeding relating to 

7 the investigation not later than 30 calendar days after re8 ceiving the request.’’. 

9 (h) LIMITATION ON RETENTION OF RECORDS.—Sec10 tion 2 of such Act, as amended by subsections (e), (f), 

11 and (g), is further amended by inserting after subsection 

12 (h) the following: 

13 ‘‘(i) LIMITATION ON RETENTION OF RECORDS.—The 

14 Administrator shall expunge the record of any investiga15 tion described in subsection (b)(1) with respect to a cov16 ered certificate that does not lead to the denial, suspen17 sion, modification, or revocation of the certificate not later 

18 than 90 days after the Administrator determines not to 

19 deny, suspend, modify, or revoke the certificate. 

20 ‘‘(j) PROHIBITION ON PUBLICIZING PENDING EN21 FORCEMENT ACTIONS.—The Administrator may not indi22 cate in the publicly accessible records of a person holding 

23 a covered certificate who is the subject of an investigation 

24 described in subsection (b)(1) any information that is difVerDate Sep 11 2014 20:09 Mar 06, 2015 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S571.IS S571

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1 ferent from information in such records of an airman who 

2 is not under such an investigation.’’. 

3 SEC. 4. LIMITATIONS ON REEXAMINATION OF CERTIFICATE 

4 HOLDERS. 

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

6 States Code, is amended— 

7 (1) in subsection (a)— 

8 (A) in the subsection heading, by striking 

9 ‘‘AND REEXAMINATION’’; 

10 (B) by striking ‘‘The Administrator’’ and 

11 inserting the following: 

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

13 (C) by striking ‘‘, or reexamine an airman 

14 holding a certificate issued under section 44703 

15 of this title’’; and 

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

17 ‘‘(2) REEXAMINATION OF AIRMEN CERTIFI18 CATES.— 

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

20 may reexamine an airman holding a certificate 

21 issued under section 44703 of this title only if 

22 the Administrator has reasonable grounds— 

23 ‘‘(i) to question the airman’s lack of 

24 competence based on acts or omissions 


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1 committed while the airman was exercising 

2 the privileges of the certificate; or 

3 ‘‘(ii) to believe the airman obtained 

4 the certificate through fraudulent means. 

5 ‘‘(B) NOTIFICATION REQUIREMENTS.—Be6 fore taking any action to reexamine an airman 

7 holding a certificate issued under section 44703 

8 of this title, the Administrator shall provide to 

9 the airman— 

10 ‘‘(i) the specific justification for the 

11 reexamination; and 

12 ‘‘(ii) any releasable information gath13 ered by the Federal Aviation Administra14 tion that form the basis for that justifica15 tion.’’. 

16 (b) MODIFICATION, SUSPENSION, OR REVOCATION

17 OF AIRMEN CERTIFICATES AFTER REEXAMINATION.— 

18 Section 44709(b) of such title is amended— 

19 (1) by redesignating subparagraphs (A) and 

20 (B) as clauses (i) and (ii), and by moving such 

21 clauses, as so redesignated, two ems to the right; 

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

23 subparagraphs (A) and (B), and by moving such 

24 subparagraphs, as so redesignated, two ems to the 

25 right; 


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1 (3) by striking ‘‘The Administrator’’ and insert2 ing the following: 

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

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

5 ‘‘(2) MODIFICATION, SUSPENSION, OR REVOCA6 TION OF AIRMEN CERTIFICATES AFTER REEXAMINA7 TION.—The Administrator may not amend, modify, 

8 suspend, or revoke an airman certificate issued 

9 under section 44703 of this title after a reexamina10 tion of the airman holding the certificate unless the 

11 Administrator demonstrates by a preponderance of 

12 the evidence that the airman— 

13 ‘‘(A) lacks the skills and competency, or 

14 care, judgment, and responsibility, necessary to 

15 hold the certificate; or 

16 ‘‘(B) materially contributed to the issuance 

17 of the certificate by fraudulent means.’’. 

18 (c) APPEALS.—Section 44709(f) of such title is 

19 amended— 

20 (1) by striking ‘‘A person’’ and inserting the 

21 following: 

22 ‘‘(1) IN GENERAL.—A person’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(2) APPEALS RELATING TO REEXAMINATION

25 OF AIRMEN CERTIFICATES.—If the Administrator 


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1 amends, modifies, suspends, or revokes an airman 

2 certificate after reexamination of the airman holding 

3 the certificate in violation of subsection (a)(2), the 

4 airman may elect to file an appeal in the United 

5 States district court in which the airman resides or 

6 in which the action in question occurred, or in the 

7 United States District Court for the District of Co8 lumbia, instead of filing an appeal with the Board 

9 under subsection (d).’’. 

10 (d) CONFORMING AMENDMENTS.—Section 

11 44709(d)(1) of such title is amended— 

12 (1) in subparagraph (A), by striking ‘‘sub13 section (b)(1)(A)’’ and inserting ‘‘subsection 

14 (b)(1)(A)(i)’’; and 

15 (2) in subparagraph (B), by striking ‘‘sub16 section (b)(1)(B)’’ and inserting ‘‘subsection 

17 (b)(1)(A)(ii)’’. 

18 SEC. 5. EXPEDITING UPDATES TO NOTAM PROGRAM. 

19 (a) IN GENERAL.—The Administrator of the Federal 

20 Aviation Administration may not take any enforcement ac21 tion, on or after the date that is 180 days after the date 

22 of the enactment of this Act, against any individual for 

23 a violation of a NOTAM (as defined in section 3 of the 

24 Pilot’s Bill of Rights (49 U.S.C. 44701 note)) until the 

25 Administrator certifies that the Administrator has comVerDate Sep 11 2014 20:09 Mar 06, 2015 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S571.IS S571

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1 plied with the requirements of section 3 of the Pilot’s Bill 

2 of Rights, as amended by this section, to— 

3 (1) the Committee on Appropriations and the 

4 Committee on Commerce, Science, and Transpor5 tation of the Senate; and 

6 (2) the Committee on Appropriations and the 

7 Committee on Transportation and Infrastructure of 

8 the House of Representatives. 

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

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

11 44701 note) is amended— 

12 (1) in subsection (a)(2)— 

13 (A) in the matter preceding subparagraph 

14 (A)— 

15 (i) by striking ‘‘this Act’’ and insert16 ing ‘‘the Pilot’s Bill of Rights 2’’; and 

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

18 ‘‘complete the implementation of’’; 

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

20 as follows: 

21 ‘‘(B) to establish a repository, in a public 

22 central location, to maintain and archive all 

23 NOTAMs, including the original content and 

24 form of the notices, the original date of publica25 tion, and any amendments to such notices with 


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1 the date of each amendment, in a manner that 

2 is Internet-accessible, machine-readable, and 

3 searchable;’’; 

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

5 period at the end and inserting a semicolon; 

6 and 

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

8 ‘‘(D) to establish a rating system to 

9 prioritize each NOTAM by the urgency and im10 portance of the NOTAM; and 

11 ‘‘(E) to specify the times during which 

12 temporary flight restrictions are in effect and 

13 the duration of a designation of special use air14 space in a specific area.’’; and 

15 (2) by amending subsection (d) to read as fol16 lows: 

17 ‘‘(d) DESIGNATION OF REPOSITORY AS SOLE

18 SOURCE FOR NOTAMS.— 

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

20 ‘‘(A) shall consider the repository for 

21 NOTAMs established under subsection 

22 (a)(2)(B) to be the sole location for airmen to 

23 check for NOTAMs; and 


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

2 announced and published until the NOTAM is 

3 included in the repository. 

4 ‘‘(2) PROHIBITION ON TAKING ACTION FOR VIO5 LATIONS OF NOTAMS NOT IN REPOSITORY.— 

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

7 subparagraph (A), on and after the date on 

8 which the repository established under sub9 section (a)(2)(B) is final and published, the Ad10 ministrator may not take any enforcement ac11 tion against an airman for a violation of a 

12 NOTAM during a flight if that NOTAM is not 

13 available through the repository before the com14 mencement of the flight and reasonably acces15 sible and identifiable to the airman. 

16 ‘‘(B) EXCEPTION FOR NATIONAL SECU17 RITY.—Subparagraph (A) shall not apply in the 

18 case of an enforcement action for a violation of 

19 a NOTAM that directly relates to national se20 curity.’’. 

21 SEC. 6. ACCESSIBILITY OF CERTAIN FLIGHT DATA. 

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

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

24 section 47124 the following: 


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1 ‘‘§ 47124a. Accessibility of certain flight data 

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

3 ‘‘(1) CONTRACT TOWER.—The term ‘contract 

4 tower’ means an air traffic control tower providing 

5 air traffic control services pursuant to a contract 

6 with the Federal Aviation Administration under the 

7 Contract Tower Program under section 47124(b)(3). 

8 ‘‘(2) COVERED FLIGHT RECORD.—The term 

9 ‘covered flight record’ means any flight data, includ10 ing air traffic data (as defined in section 2(b)(4)(B) 

11 of the Pilot’s Bill of Rights (49 U.S.C. 44703 

12 note)), created, maintained, or controlled by any 

13 program of the Federal Aviation Administration, 

14 whether carried out by employees or contractors of 

15 the Federal Aviation Administration, including con16 tract towers, flight service stations, and controller 

17 training programs. 

18 ‘‘(b) PROVISION OF COVERED FLIGHT DATA TO

19 FEDERAL AVIATION ADMINISTRATION.— 

20 ‘‘(1) REQUEST FROM FEDERAL AVIATION AD21 MINISTRATION.—When the Federal Aviation Admin22 istration receives a request, pursuant to section 552 

23 of title 5, United States Code, for a covered flight 

24 record that is not in the possession of the Federal 

25 Aviation Administration, the Administrator of the 

26 Federal Aviation Administration shall request the 


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1 record from the contract tower or other contractor 

2 of the Federal Aviation Administration that pos3 sesses the record. 

4 ‘‘(2) PROVISION OF RECORDS TO FEDERAL

5 AVIATION ADMINISTRATION.—Any covered flight 

6 record created, maintained, or controlled by a con7 tract tower or another contractor of the Federal 

8 Aviation Administration that maintains covered 

9 flight records shall be provided to the Federal Avia10 tion Administration if the Federal Aviation Adminis11 tration requests the record pursuant to paragraph 

12 (1). 

13 ‘‘(c) APPLICABILITY OF FOIA.—After the Federal 

14 Aviation Administration receives a covered flight record 

15 under subsection (b), that record shall be— 

16 ‘‘(1) considered an agency record of the Federal 

17 Aviation Administration for purposes of section 

18 552(f)(2) of title 5, United States Code; and 

19 ‘‘(2) subject to section 552 of title 5, United 

20 States Code (commonly known as the ‘Freedom of 

21 Information Act’), to the same extent as if the 

22 record was created, maintained, and controlled by 

23 the Federal Aviation Administration. 

24 ‘‘(d) WITHHOLDING OF INFORMATION.—The Admin25 istrator of the Federal Aviation Administration may withVerDate Sep 11 2014 20:09 Mar 06, 2015 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S571.IS S571

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1 hold information that would otherwise be required to be 

2 made available under this section only if— 

3 ‘‘(1) the Administrator determines, based on in4 formation in the possession of the Administrator, 

5 that the Administrator may withhold the informa6 tion in accordance with section 552(b) of title 5, 

7 United States Code; or 

8 ‘‘(2) the information is voluntarily provided 

9 safety- or security-related information covered by 

10 section 40123. 

11 ‘‘(e) FORMAT OF RECORDS.—Each contract tower or 

12 other contractor of the Federal Aviation Administration 

13 that maintains covered flight records shall maintain 

14 records relating to covered flight records in formats that 

15 are readily reproducible and reasonably searchable by the 

16 Federal Aviation Administration. 

17 ‘‘(f) REGULATIONS.— 

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

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

20 Rights 2, the Administrator shall promulgate regula21 tions or guidance to ensure compliance with this sec22 tion by the Federal Aviation Administration, con23 tract towers, and other contractors of the Federal 

24 Aviation Administration that maintain covered flight 

25 records. 


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1 ‘‘(2) COMPLIANCE BY APPLICABLE ENTITIES.— 

2 ‘‘(A) IN GENERAL.—Compliance with this 

3 section by a contract tower or other contractor 

4 of the Federal Aviation Administration that 

5 maintains covered flight records shall be in6 cluded as a material term in any contract be7 tween the Federal Aviation Administration and 

8 the contract tower or contractor entered into or 

9 renewed on or after the date of the enactment 

10 of the Pilot’s Bill of Rights 2. 

11 ‘‘(B) MODIFICATION OF CONTRACT OR

12 AGREEMENT.—Not later than one year after 

13 the date of the enactment of the Pilot’s Bill of 

14 Rights 2, the Administrator shall secure a 

15 modification to include compliance with this 

16 section by each contract tower and other con17 tractor of the Federal Aviation Administration 

18 that maintains covered flight records as a mate19 rial term in any contract between the Federal 

20 Aviation Administration and the contract tower 

21 or contractor that will not otherwise be renego22 tiated, renewed, or modified before the date 

23 that is one year after such date of enactment.’’. 

24 (b) CLERICAL AMENDMENT.—The table of sections 

25 for chapter 471 of title 49, United States Code, is amendVerDate Sep 11 2014 20:09 Mar 06, 2015 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S571.IS S571

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1 ed by inserting after the item relating to section 47124 

2 the following: 

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

3 SEC. 7. LIMITATION OF LIABILITY FOR CERTAIN INDIVID4 UALS DESIGNATED AS REPRESENTATIVES OF 

5 THE FEDERAL AVIATION ADMINISTRATION. 

6 (a) IN GENERAL.—Any individual designated by the 

7 Administrator of the Federal Aviation Administration 

8 under subpart C of part 183 of title 14, Code of Federal 

9 Regulations, to act as a representative of the Adminis10 trator, including an aviation medical examiner, pilot exam11 iner, or designated airworthiness representative, shall, 

12 when carrying out duties pursuant to that designation and 

13 without regard to the individual’s employer— 

14 (1) be considered to be performing an activity 

15 necessary to safeguard a uniquely Federal interest; 

16 and 

17 (2) not be liable in a civil action for actions per18 formed with reasonable care in connection with those 

19 duties. 

20 (b) FRAUDULENT MISCONDUCT.—This section does 

21 not relieve an individual described in subsection (a) that 

22 causes harm to any person through intentional or fraudu23 lent misconduct while carrying out duties pursuant to that 

24 subsection from any penalty applicable under any provi25 sion of law for that misconduct. 


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1 SEC. 8. AUTHORITY FOR LEGAL COUNSEL TO ISSUE CER2 TAIN NOTICES. 

3 Not later than 180 days after the date of the enact4 ment of this Act, the Administrator of the Federal Avia5 tion Administration shall revise section 13.11 of title 14, 

6 Code of Federal Regulations, to authorize legal counsel to 

7 close enforcement actions covered by that section with a 

8 warning notice, letter of correction, or other administra9 tive action. 

10 SEC. 9. LIABILITY PROTECTION FOR VOLUNTEER PILOTS 

11 THAT FLY FOR THE PUBLIC BENEFIT. 

12 (a) FINDINGS AND PURPOSE.— 

13 (1) FINDINGS.—Congress finds the following: 

14 (A) Many volunteer pilot nonprofit organi15 zations fly for public benefit and provide valu16 able services to communities and individuals. 

17 (B) In each calendar year, volunteer pilot 

18 nonprofit organizations provide long-distance, 

19 no-cost transportation for tens of thousands of 

20 people during times of special need. 

21 (C) Such nonprofit organizations are no 

22 longer able to purchase liability insurance for 

23 aircraft they do not own to provide liability pro24 tection at a reasonable price, and therefore face 

25 a highly detrimental liability risk. 


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1 (D) Such nonprofit organizations have 

2 supported the homeland security of the United 

3 States by providing volunteer pilot services dur4 ing times of national emergency. 

5 (2) PURPOSE.—The purpose of this section is 

6 to promote the activities of volunteer pilot nonprofit 

7 organizations that fly for public benefit and to sus8 tain the availability of the services that such non9 profit organizations provide, including the following: 

10 (A) Transportation at no cost to finan11 cially needy medical patients for medical treat12 ment, evaluation, and diagnosis. 

13 (B) Flights for humanitarian and chari14 table purposes. 

15 (C) Other flights of compassion. 

16 (b) LIABILITY PROTECTION FOR VOLUNTEER PILOT

17 NONPROFIT ORGANIZATIONS THAT FLY FOR PUBLIC

18 BENEFIT AND TO PILOTS AND STAFF OF SUCH NON19 PROFIT ORGANIZATIONS.—Section 4 of the Volunteer Pro20 tection Act of 1997 (42 U.S.C. 14503) is amended— 

21 (1) in subsection (a)(4)— 

22 (A) by redesignating subparagraphs (A) 

23 and (B) as clauses (i) and (ii), respectively; 


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1 (B) by striking ‘‘the harm’’ and inserting 

2 ‘‘(A) except in the case of subparagraph (B), 

3 the harm’’; 

4 (C) in subparagraph (A)(ii), as redesig5 nated by this paragraph, by striking the period 

6 at the end and inserting ‘‘; and’’; and 

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

8 ‘‘(B) the volunteer— 

9 ‘‘(i) was operating an aircraft in fur10 therance of the purpose of a volunteer pilot 

11 nonprofit organization that flies for public 

12 benefit; and 

13 ‘‘(ii) was properly licensed and in14 sured for the operation of such aircraft.’’; 

15 and 

16 (2) in subsection (c)— 

17 (A) by striking ‘‘Nothing in this section’’ 

18 and inserting the following: 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), nothing in this section’’; and 

21 (B) by adding at the end the following: 

22 ‘‘(2) EXCEPTION.—A volunteer pilot nonprofit 

23 organization that flies for public benefit, the staff, 

24 mission coordinators, officers, and directors (whether 

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1 tion, and a referring agency of that nonprofit orga2 nization shall not be liable for harm caused to any 

3 person by a volunteer of the nonprofit organization 

4 while the volunteer— 

5 ‘‘(A) is operating an aircraft in further6 ance of the purpose of the nonprofit organiza7 tion; 

8 ‘‘(B) is properly licensed for the operation 

9 of the aircraft; and 

10 ‘‘(C) has certified to the nonprofit organi11 zation that the volunteer has insurance covering 

12 the volunteer’s operation of the aircraft.’’. 

Æ 


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