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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 571 Engrossed in Senate (ES)]

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114th CONGRESS
  1st Session
                                 S. 571

_______________________________________________________________________

                                 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.

    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                    (D) cannot have been revoked or suspended; and
                    (E) cannot have been withdrawn;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;
                    (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.
                    (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.
                    ``(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 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.

            Passed the Senate December 15, 2015.

            Attest:

                                                             Secretary.
114th CONGRESS

  1st Session

                                 S. 571

_______________________________________________________________________

                                 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.
```