‘‘§ 47124a. Accessibility of certain flight data 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CONTRACT
TOWER.—The term ‘contract 
tower’ means an air traffic control tower providing 
air traffic control services pursuant to a contract 
with the Federal Aviation Administration under the 
Contract Tower Program under section 47124(b)(3). 
‘‘(2) COVERED
FLIGHT
RECORD.—The term 
‘covered flight record’ means any flight data, includ-
ing 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 Federal Aviation Administration, 
whether carried out by employees or contractors of 
the Federal Aviation Administration, including con-
tract towers, flight service stations, and controller 
training programs. 
‘‘(b) PROVISION
OF COVERED FLIGHT DATA
TO 
FEDERAL AVIATION ADMINISTRATION.— 
‘‘(1) REQUEST FROM FEDERAL AVIATION AD-
MINISTRATION.—When the Federal Aviation Admin-
istration receives a request, pursuant to section 552 
of title 5, United States Code, for a covered flight 
record that is not in the possession of the Federal 
Aviation Administration, the Administrator of the 
Federal Aviation Administration shall request the 
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record from the contract tower or other contractor 
of the Federal Aviation Administration that pos-
sesses the record. 
‘‘(2) PROVISION
OF
RECORDS
TO
FEDERAL 
AVIATION
ADMINISTRATION.—Any covered flight 
record created, maintained, or controlled by a con-
tract tower or another contractor of the Federal 
Aviation Administration that maintains covered 
flight records shall be provided to the Federal Avia-
tion Administration if the Federal Aviation Adminis-
tration requests the record pursuant to paragraph 
(1). 
‘‘(c) APPLICABILITY OF FOIA.—After the Federal 
Aviation Administration receives a covered flight record 
under subsection (b), that record shall be— 
‘‘(1) considered an agency record of the Federal 
Aviation Administration for purposes of section 
552(f)(2) of title 5, United States Code; and 
‘‘(2) subject to section 552 of title 5, United 
States Code (commonly known as the ‘Freedom of 
Information Act’), to the same extent as if the 
record was created, maintained, and controlled by 
the Federal Aviation Administration. 
‘‘(d) WITHHOLDING OF INFORMATION.—The Admin-
istrator of the Federal Aviation Administration may with-
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hold information that would otherwise be required to be 
made available under this section only if— 
‘‘(1) the Administrator determines, based on in-
formation in the possession of the Administrator, 
that the Administrator may withhold the informa-
tion in accordance with section 552(b) of title 5, 
United States Code; or 
‘‘(2) the information is voluntarily provided 
safety- or security-related information covered by 
section 40123. 
‘‘(e) FORMAT OF RECORDS.—Each contract tower or 
other contractor of the Federal Aviation Administration 
that maintains covered flight records shall maintain 
records relating to covered flight records in formats that 
are readily reproducible and reasonably searchable by the 
Federal Aviation Administration. 
‘‘(f) REGULATIONS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of the enactment of the Pilot’s Bill of 
Rights 2, the Administrator shall promulgate regula-
tions or guidance to ensure compliance with this sec-
tion by the Federal Aviation Administration, con-
tract towers, and other contractors of the Federal 
Aviation Administration that maintain covered flight 
records. 
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‘‘(2) COMPLIANCE BY APPLICABLE ENTITIES.— 
‘‘(A) IN GENERAL.—Compliance with this 
section by a contract tower or other contractor 
of the Federal Aviation Administration that 
maintains covered flight records shall be in-
cluded as a material term in any contract be-
tween the Federal Aviation Administration and 
the contract tower or contractor entered into or 
renewed on or after the date of the enactment 
of the Pilot’s Bill of Rights 2. 
‘‘(B) MODIFICATION
OF
CONTRACT
OR 
AGREEMENT.—Not later than one year after 
the date of the enactment of the Pilot’s Bill of 
Rights 2, the Administrator shall secure a 
modification to include compliance with this 
section by each contract tower and other con-
tractor of the Federal Aviation Administration 
that maintains covered flight records as a mate-
rial term in any contract between the Federal 
Aviation Administration and the contract tower 
or contractor that will not otherwise be renego-
tiated, renewed, or modified before the date 
that is one year after such date of enactment.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 471 of title 49, United States Code, is amend-
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ed by inserting after the item relating to section 47124 
the following: 
‘‘47124a. Accessibility of certain flight data.’’. 
SEC. 7. LIMITATION OF LIABILITY FOR CERTAIN INDIVID-
UALS DESIGNATED AS REPRESENTATIVES OF 
THE FEDERAL AVIATION ADMINISTRATION. 
(a) IN GENERAL.—Any individual designated by the 
Administrator of the Federal Aviation Administration 
under subpart C of part 183 of title 14, Code of Federal 
Regulations, to act as a representative of the Adminis-
trator, including an aviation medical examiner, pilot exam-
iner, or designated airworthiness representative, shall, 
when carrying out duties pursuant to that designation and 
without regard to the individual’s employer— 
(1) be considered to be performing an activity 
necessary to safeguard a uniquely Federal interest; 
and 
(2) not be liable in a civil action for actions per-
formed with reasonable care in connection with those 
duties. 
(b) FRAUDULENT MISCONDUCT.—This section does 
not relieve an individual described in subsection (a) that 
causes harm to any person through intentional or fraudu-
lent misconduct while carrying out duties pursuant to that 
subsection from any penalty applicable under any provi-
sion of law for that misconduct. 
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SEC. 8. AUTHORITY FOR LEGAL COUNSEL TO ISSUE CER-
TAIN NOTICES. 
Not later than 180 days after the date of the enact-
ment of this Act, the Administrator of the Federal Avia-
tion Administration shall revise section 13.11 of title 14, 
Code of Federal Regulations, to authorize legal counsel to 
close enforcement actions covered by that section with a 
warning notice, letter of correction, or other administra-
tive action. 
SEC. 9. LIABILITY PROTECTION FOR VOLUNTEER PILOTS 
THAT FLY FOR THE PUBLIC BENEFIT. 
(a) FINDINGS AND PURPOSE.— 
(1) FINDINGS.—Congress finds the following: 
(A) Many volunteer pilot nonprofit organi-
zations fly for public benefit and provide valu-
able services to communities and individuals. 
(B) In each calendar year, volunteer pilot 
nonprofit organizations provide long-distance, 
no-cost transportation for tens of thousands of 
people during times of special need. 
(C) Such nonprofit organizations are no 
longer able to purchase liability insurance for 
aircraft they do not own to provide liability pro-
tection at a reasonable price, and therefore face 
a highly detrimental liability risk. 
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(D) Such nonprofit organizations have 
supported the homeland security of the United 
States by providing volunteer pilot services dur-
ing times of national emergency. 
(2) PURPOSE.—The purpose of this section is 
to promote the activities of volunteer pilot nonprofit 
organizations that fly for public benefit and to sus-
tain the availability of the services that such non-
profit organizations provide, including the following: 
(A) Transportation at no cost to finan-
cially needy medical patients for medical treat-
ment, evaluation, and diagnosis. 
(B) Flights for humanitarian and chari-
table purposes. 
(C) Other flights of compassion. 
(b) LIABILITY PROTECTION FOR VOLUNTEER PILOT 
NONPROFIT ORGANIZATIONS THAT FLY
FOR PUBLIC 
BENEFIT AND TO PILOTS AND STAFF OF SUCH NON-
PROFIT ORGANIZATIONS.—Section 4 of the Volunteer Pro-
tection Act of 1997 (42 U.S.C. 14503) is amended— 
(1) in subsection (a)(4)— 
(A) by redesignating subparagraphs (A) 
and (B) as clauses (i) and (ii), respectively; 
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(B) by striking ‘‘the harm’’ and inserting 
‘‘(A) except in the case of subparagraph (B), 
the harm’’; 
(C) in subparagraph (A)(ii), as redesig-
nated by this paragraph, by striking the period 
at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(B) the volunteer— 
‘‘(i) was operating an aircraft in fur-
therance of the purpose of a volunteer pilot 
nonprofit organization that flies for public 
benefit; and 
‘‘(ii) was properly licensed and in-
sured for the operation of such aircraft.’’; 
and 
(2) in subsection (c)— 
(A) by striking ‘‘Nothing in this section’’ 
and inserting the following: 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), nothing in this section’’; and 
(B) by adding at the end the following: 
‘‘(2) EXCEPTION.—A volunteer pilot nonprofit 
organization that flies for public benefit, the staff, 
mission coordinators, officers, and directors (whether 
volunteer or otherwise) of that nonprofit organiza-
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tion, and a referring agency of that nonprofit orga-
nization shall not be liable for harm caused to any 
person by a volunteer of the nonprofit organization 
while the volunteer— 
‘‘(A) is operating an aircraft in further-
ance of the purpose of the nonprofit organiza-
tion; 
‘‘(B) is properly licensed for the operation 
of the aircraft; and 
‘‘(C) has certified to the nonprofit organi-
zation that the volunteer has insurance covering 
the volunteer’s operation of the aircraft.’’. 
Æ 
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