[Senate Report 114-198]
[From the U.S. Government Publishing Office]
114th Congress } { Report
SENATE
1st Session } { 114-198
_______________________________________________________________________
PILOT'S BILL OF RIGHTS 2
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 571
together with
ADDITIONAL VIEWS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 18, 2015.--Ordered to be printed
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 PDF WASHINGTON : 2015
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourteenth congress
first session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
MARCO RUBIO, Florida CLAIRE McCASKILL, Missouri
KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas ED MARKEY, Massachusetts
DAN SULLIVAN, Alaska CORY BOOKER, New Jersey
RON JOHNSON, Wisconsin TOM UDALL, New Mexico
DEAN HELLER, Nevada JOE MANCHIN, West Virginia
CORY GARDNER, Colorado GARY PETERS, Michigan
STEVE DAINES, Montana
David Schwietert, Staff Director
Nick Rossi, Deputy Staff Director
Rebecca Seidel, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Clint Odom, Democratic General Counsel
114th Congress } { Report
SENATE
1st Session } { 114-198
======================================================================
PILOT'S BILL OF RIGHTS 2
_______
December 18, 2015.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany S. 571]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (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, having considered the same, reports
favorably thereon with an amendment (in the nature of a
substitute) and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 571, as reported, is to amend various
Federal statutes, regulations, and Federal Aviation
Administration (FAA) processes that have a direct impact on the
general aviation (GA) community, particularly medical
certification requirements for recreational pilots and the
appeals process for FAA enforcement actions.
Background and Needs
The GA community continues to play an important role in
United States aviation. It is a community that includes private
pilots who fly small aircraft, gliders, hot air balloons,
experimental homebuilt aircraft, as well as more sophisticated
turbo-prop and jet aircraft. GA also includes corporate flight
departments that operate business aircraft. According to the
report FAA Aerospace Forecasts FY 2015-2035, there are
currently 198,780 GA aircraft based in the United States, the
largest number of which are piston, single-engine aircraft.\1\
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\1\Piston Single-Engine - 122,435; Piston Multi-Engine - 13,175;
Turbo-prop - 9,390; Turbo-jet - 11,915; Rotor-craft - 10,440;
Experimental - 24,880.
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According to the Aircraft Owners and Pilots Association, GA
has been losing an average of 6,000 pilots per year over the
last 10 years. Many in the GA community believe that the
current medical certification system for pilots has become an
onerous and costly deterrent for many individuals to remain or
become pilots.
The Pilot's Bill of Rights (P.L. 112-153), the original
legislative effort on these issues, was enacted on August 3,
2012. The bill established legal protections and process
improvements for pilots that face enforcement proceedings by
the FAA and provided new options for the appeals process. The
bill also required improvements to FAA's Notices to Airman
(NOTAM) program, a Government Accountability Office review of
the FAA's medical certification process, and within a year of
that report, an FAA response to the recommendations of that
report.
Summary of Provisions
As reported, S. 571 would require the FAA to amend its
requirements related to medical certificates for recreational
pilots. The bill also would amend the appeals process for
certain FAA orders and actions affecting airman certificates
and place limits on reexaminations of GA pilots by the FAA. The
FAA is directed to take several steps to improve the Notices to
Airmen (NOTAM) system. The bill also would improve access to
certain flight data for individuals who are the subject of an
FAA investigation.
Legislative History
S. 571 was introduced on February 25, 2015, by Senator
Inhofe, along with 12 original co-sponsors, and referred to the
Committee on Commerce, Science, and Transportation of the
Senate. As of December 11, 2015, the bill had a total of 70 co-
sponsors. An identical bill, H.R. 1062, was introduced in the
House of Representatives, on the same day as S. 571, by Rep.
Sam Graves. H.R. 1062 was referred to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on the Judiciary of the House
of Representatives.
The Committee held a hearing on April 28, 2015, entitled
``FAA Reauthorization: Aviation Safety and General Aviation,''
at which the issue of medical certification requirements for
recreational GA pilots was discussed in written and oral
testimony.
On November 18, 2015, the Committee met in open Executive
Session to consider legislative measures and nominations,
including S. 571. Senator Manchin offered an amendment in the
nature of a substitute, making several changes to the bill. The
substitute was approved by the Committee by voice vote to serve
as the underlying text for consideration. Two first degree
amendments offered by Senator Nelson, one related to standards
for routine medical examinations of pilots and one related to
liability for individuals acting as designees of the FAA, were
the subject of roll call votes and not adopted (both defeated
by 11 yays to 13 nays). Further consideration of the bill was
deferred at the close of that markup.
On December 9, 2015, the Committee met again in open
Executive Session to consider legislative measures and
nominations, including S. 571. A new amendment in the nature of
a substitute was offered by Senator Manchin and adopted by
voice vote. The bill, as amended, was ordered to be reported to
the Senate favorably by voice vote.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 571--Pilot's Bill of Rights 2
The Federal Aviation Administration (FAA), which regulates
civil aviation, is responsible for issuing certain credentials
that pilots must obtain in order to operate aircraft. S. 571
would direct the FAA to revise a variety of requirements,
particularly related to medical certifications for recreational
pilots. The bill also would specify certain changes to the
agency's administrative procedures and require various reports
related to pilot certification.
Based on information from the FAA, CBO estimates that
enacting S. 571 would not significantly affect the federal
budget. We estimate that any increase in the agency's
administrative costs under the bill, which would be subject to
appropriation, would not exceed $500,000 annually.
Enacting S. 571 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting S. 571 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2026.
S. 571 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 571 would primarily affect the FAA, the National
Transportation Safety Board (NTSB), Federal courts, and persons
already subject to FAA regulations, all of which are currently
covered under relevant laws amended in this bill. Therefore,
the number of persons covered should be consistent with the
current levels of persons impacted under the provisions that
are addressed in the bill. With regard to new persons covered,
new recreational pilots would be subject to fewer medical
regulatory requirements.
ECONOMIC IMPACT
The bill would not authorize new spending by the Federal
Government and is not expected to have an adverse impact on the
Nation's economy. Additional costs to the Federal Government
will vary based upon the number of pilots who choose to avail
themselves of the new right to a de novo trial in U.S. District
Court after appealing an FAA enforcement to the NTSB. The
Federal Government will be responsible for the additional costs
incurred to argue each case for a second time at a de novo
trial before the U.S. District Court, including the costs to
reintroduce all evidence and expert witness testimony, and
staff resources from the U.S. Attorney's Office within the
Department of Justice. There could, however, be positive
economic impacts, especially for the aviation community, if the
reduction in medical certification burdens encourages more
individuals to remain or become pilots.
PRIVACY
The bill would have little, if any, impact on the personal
privacy of individuals.
paperwork
The bill would not significantly increase paperwork
requirements for private individuals or businesses. Section 2
of the bill would require the FAA to revise rules related to
medical certification requirements and operational regulations
for certain recreational pilots, and therefore, the agency
would be required to publish at least one rulemaking in the
Federal Register. That section would require the FAA to develop
a form containing a checklist to be used during comprehensive
medical examinations of pilots every four years. Current FAA
regulations require medical examinations every 2 years for
pilots over the age of 40, so there would be a significant
reduction in paperwork due to the decreased frequency in
medical examinations.
That section would also require the development of an
online medical education course and require pilots to submit a
series of forms to the FAA upon completion of that course.
Pilots also would be required to keep various records related
to the online medical education course and comprehensive
physical medical examinations, but these are not substantially
greater than existing paperwork requirements related to medical
certifications and logbooks. The bill would require the FAA to
produce three reports to Congress, one in coordination with the
NTSB on the impact of the changes to medical certification
requirements, one on streamlining the process for obtaining an
Authorization for Special Issuance, and one on medical
conditions that have been added to the Conditions AMEs
(Aviation Medical Examiners) Can Issue (CACI) program. Section
6 of the bill would require the FAA to promulgate regulations
or guidance to ensure compliance with the new requirements of
that section, but the extent and nature of such action should
not be great considering the relatively limited scope of the
provision.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would designate the short title of the bill as
the, ``Pilot's Bill of Rights 2.''
Section 2. Medical certification of certain small aircraft pilots.
This section would create an exemption, under specified
circumstances, to the FAA's current third-class airman medical
certification requirements for GA pilots.\2\ This section would
direct the FAA to issue or revise regulations to ensure that an
individual may operate as a pilot of a ``covered aircraft'', if
certain conditions are met. In particular, the flight must be
operated at an altitude of 18,000 feet or below and at an
indicated airspeed of not more than 250 knots, and the
individual must possess a valid State driver's license, comply
with applicable medical requirements associated with that
license, comply with applicable health requirements described
below, be transporting five or fewer passengers (not including
the pilot), and be operating under visual or instrument flight
rules. A pilot may not operate a flight under this exemption
for compensation or hire.
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\2\There are three classes of pilot medical certifications: the
third-class airman medical certificate, needed for a private pilot
license; the second-class airman medical certificate, needed for a
commercial pilot license; and the first-class airman medical
certificate, needed for an Airline Transport Pilot license.
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A ``covered aircraft'' would be one that is authorized
under Federal law to carry not more than 6 occupants, and has a
maximum certificated takeoff weight of no more than 6,000
pounds.
A pilot seeking to operate an aircraft under the revised
medical requirements would be required to have had ``one-
touch'' with the FAA. Specifically, an individual would be
required to have held an FAA medical certificate in the 10
years before enactment of the section or at some point
thereafter. A pilot who obtained such a certificate would not
be required to return to the FAA to renew or otherwise obtain a
medical certificate except as otherwise set forth in this
section.
Every two years, an individual would be required to
complete an online airman medical education course that meets
the following requirements: available on the Internet free of
charge; developed and periodically updated in coordination with
representatives of relevant GA stakeholder groups; educates
pilots on conducting medical self-assessments; advises pilots
on how to identify warning signs of potential serious medical
conditions; outlines risk mitigation strategies for medical
conditions; increases awareness of potentially impairing
medications; encourages regular medical exams and consultations
with primary care physicians; and informs pilots of the
regulations pertaining to the prohibition on flying during a
medical deficiency.
The medical education course may be developed by the FAA,
or the agency could utilize a suitable one developed by a
nonprofit or not-for-profit GA organization. The FAA shall
coordinate with GA stakeholder groups promptly to ensure that
the online course is provided in a timely manner through the
FAA website or other means. If any entity other than the FAA
creates an online medical course intended to satisfy the
requirements of this legislation, that entity must coordinate
with the FAA to ensure that it meets all FAA standards.
This section would provide that an individual may not
qualify for the exemption if the most recent application for
airman medical certification the individual submitted to the
FAA was completed and the FAA denied the application. In some
instances, when an individual is referred to the FAA to be
considered for an Authorization for Special Issuance, the
individual or the individual's physician does not provide all
of the information or documentation required under that process
and the application is closed for inactivity or failure to
provide information. In such instances, the applications would
not be considered complete for the purposes of this section.
While individuals who are ultimately denied issuance of an
airman medical certificate would not qualify for the exemption,
nothing should be construed as precluding an individual from
attempting to obtain a medical certification in the future, and
thereafter qualifying for the exemption once the initial
medical certification requirement is met, as well as all other
relevant requirements under this section.
At the conclusion of the medical education course, a series
of forms would be generated for the pilot to complete and
submit to the FAA. One of the forms that would be provided to
the pilot is the medical examination checklist described below.
A pilot would also be required to have a comprehensive
medical examination every four years. The examination must
include a review of a checklist of medical items and
conditions, as specified in the bill, similar to one currently
used by AMEs.\3\ The FAA would be required to develop this
checklist within 180 days of the date of enactment of the bill,
and the Committee fully expects the agency to comply with this
stringent deadline.
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\3\An AME is a private physician who has been designated by the FAA
and given the authority to perform flight physical examinations and
issue aviation medical certificates.
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The pilot also would be required to provide a comprehensive
medical history and a list of drugs (prescription and non-
prescription) he or she takes, which the physician would be
required to review with the pilot during the examination. The
physician performing the examination must also follow the
checklist of items to be evaluated, aimed at identifying
conditions that could interfere with the safe operation of an
aircraft. The physician would be instructed to address, as
medically appropriate, any medical conditions identified and
any drugs the pilot is taking. In some instances, a simple
discussion of the condition or drugs may be adequate. In other
cases, a referral to a specialist or further tests may be
required. The pilot's physician would be required to certify
that all items on the checklist were discussed during the exam,
including any drugs the pilot is taking, and that the
examination included all items on that checklist.
Pilots would be required to retain certificates and forms
demonstrating an understanding of applicable medical
requirements and compliance with the new requirements in the
bill. Among other things, all pilots would be required to
certify that they understand that they may not fly during a
period of medical deficiency.
If diagnosed with any medical condition that may impact the
ability to fly, an individual would be required to be under the
care and treatment of a physician in order to fly. Individuals
who are diagnosed with certain mental health and neurological
disorders would be required to have or obtain an Authorization
for Special Issuance of a Medical Certificate, which is the
current standard process.\4\ Individuals diagnosed with certain
cardiovascular conditions would be required to go through the
Special Issuance process (as modified by the bill) one time for
each diagnosed condition. For such individuals, the
requirements for obtaining a Special Issuance may be satisfied
with the successful completion of an appropriate clinical
evaluation without an FAA-imposed mandatory wait period, during
which a pilot may not fly. Other than the foregoing specified
mental, neurological, or cardiovascular conditions or
disorders, the bill would not require a pilot operating under
the exemption in this section to go through the Special
Issuance process for any other medical conditions or disorders.
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\4\The FAA may issue an Authorization for Special Issuance of a
Medical Certificate, with a specified validity period, to an applicant
who does not meet the established medical standards (i.e., has a
disqualifying medical condition). The applicant must demonstrate to the
FAA that the duties authorized by the class of medical certificate
applied for can be performed without endangering public safety.
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The medical certificate exemption established in this
section would not be available for individuals with clinically
diagnosed mental health or neurological conditions if the
individual's medical specialist determines such conditions
render the individual unable (or reasonably expected to make
him or her unable) to fly under the operational flight
parameters in this section.
The FAA would be required to identify medical conditions
that could be added to an existing agency program, known as
CACI, that allows AMEs to issue medical certificates for
individuals with certain conditions that are known to be
treatable (reducing the aviation safety risk) without requiring
the individuals to go through the Authorization for Special
Issuance of a Medical Certificate process. The FAA must consult
with aviation, medical, and union stakeholders to identify
conditions that should be reviewed by aviation medical experts,
using the best available scientific evidence, to determine
whether they can be added to the CACI process.
The FAA also would be required to implement procedures to
streamline the process for obtaining an Authorization for
Special Issuance of a Medical Certificate and similar
consultations would be required.
Five years after the date of enactment, the FAA, in
coordination with the NTSB, must report to Congress on the
effects of the changes made by this section.
This section would prohibit the FAA from taking enforcement
action against a pilot of a covered aircraft for not holding a
valid third-class airman medical certificate if the pilot and
the flight meet the requirements, through a good faith effort,
under subsection (a) of this section (except for the medical
education course required under subsection (a)(5)), unless the
FAA has published final regulations implementing the
requirements of this section. The exception for subsection
(a)(5) is to ensure that the FAA cannot circumvent the
enforcement prohibition if the development of the medical
course is delayed. The limitation on enforcement would come
into effect one year after enactment of the provision.
Section 3. Expansion of Pilot's Bill of Rights.
This section would make several amendments to the Pilot's
Bill of Rights, which allows individuals denied an airman
certificate to appeal that denial to U.S. District Court after
it has been upheld under the normal NTSB appeals process. This
section would expand the scope of that provision to allow
individuals who have had their airman certificates suspended or
revoked to avail themselves of the same appeals process, and
would modify the standard of review for appeals in U.S.
District Court.
A key change to current law, under this bill, is the
availability of a U.S. District Court review on a de novo basis
once the current administrative remedies have been exhausted
(including an appeal to the full NTSB). Under a de novo review,
the District Court would try the matter. In such a court case,
any element of the record of administrative review could be
presented as evidence, but the court would not be compelled to
give deference to administrative decisions. Also in such court
cases, the FAA would bear the burden of proof under any appeal
related to suspended or revoked certificates while the airman
would bear the burden for the appeal of a denied certificate.
The intent is that the FAA would bear the burden of proof in
instances where the agency is accusing a pilot of an infraction
against rules, however the pilot would bear the burden of proof
when he or she is required to demonstrate proficiency or
sufficient qualifications.
This section would impose new requirements for
notifications with respect to FAA investigations relating to
airman certificates.
This section would set out requirements for the FAA to
provide a copy of the releasable portion of the investigative
report to the holder of an airman certificate who is the
subject of certain enforcement actions. If the FAA fails to
adhere to the requirements of this section, the certificate
holder may move to dismiss the complaint before an
administrative law judge (ALJ). The ALJ may order appropriate
relief, if the FAA fails to establish good cause for failure to
comply with this section. This section would also define the
portions of an investigative report considered releasable.
Section 4. Limitations on reexamination of certificate holders.
This section would only apply to reexaminations that are
ordered due to the fault of the FAA. It would prohibit the FAA
from reexamining a GA pilot holding a student, sport,
recreational, or private pilot airman certificate unless the
agency has reasonable grounds to: (1) establish a lack of
qualification on the part of the pilot; or (2) demonstrate that
the certificate was obtained through fraud or an exam that was
inadequate. Before taking action to reexamine a pilot, the FAA
would be required to provide a GA pilot the reasonable basis
for the reexamination and relevant information that formed that
basis.
This section would prohibit the FAA from ordering certain
certificate actions against a GA pilot, after a reexamination,
unless the FAA determines that the pilot lacks the technical
skills and competency, or care, judgment, and responsibility,
necessary to hold and safely exercise the privileges of the
certificate, or fraudulently obtained it. This section also
would set forth the standard of review for any such certificate
actions.
Section 5. Expediting updates to NOTAM program.
This section would amend the Pilot's Bill of Rights to
require the NOTAM Improvement Program to be maintained in a
public repository that is accessible on the Internet, machine
readable, and searchable. It also would require the FAA to
include temporary flight restrictions within the NOTAM
Improvement Program; direct the FAA to consider the repository
of NOTAMs created to be the sole source location for pilots to
check for NOTAMs; determine that NOTAMs are announced and
published when included in the repository; and, after the FAA
completes the NOTAM Improvement Program, prohibit the
enforcement of a NOTAM violation if the NOTAM was not included
in the repository before the flight commenced. The FAA also
would be prohibited from enforcing NOTAM violations, within 180
days after the date of enactment of this bill, until the FAA
certifies to Congress that it has implemented the changes to
the NOTAM system required by this section; however, an
exception for national security is provided.
Section 6. Accessibility of certain flight data.
This section would impose requirements on the FAA with
regard to certain records related to certificate actions.
Specifically, when the FAA receives a written request for a
flight record (as defined in the Pilot's Bill of Rights) from
an individual who is the subject of an investigation initiated
by the FAA, and the covered flight record is not in the
possession of the FAA, the Administrator would be required to
request the relevant record from the contract tower or other
contractor of the FAA that possesses such flight record. These
records would be required to be provided to the FAA by such
entities.
If the Administrator has issued, or subsequently issues, a
Notice of Proposed Certificate Action relying on evidence
contained in a flight record, and the individual who is the
subject of an investigation has requested the record, the FAA
would be required to 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.
The FAA would have 180 days after the date of enactment to
promulgate regulations or guidance to ensure compliance with
this section.
Any contract or agreement entered into or renewed after
enactment of the bill, between the FAA and a covered entity,
must contain material terms to ensure compliance with the
requirements of this section. Relevant contracts that are in
effect on the date of enactment need not have such material
terms unless the contract or agreement is renegotiated,
renewed, or modified after that date.
Section 7. Authority for legal counsel to issue certain notices.
This section would require the FAA to revise its
regulations to authorize legal counsel to close certain
enforcement actions with a warning notice, letter of
corrections, or other administrative action.
Votes in Committee
Senator Nelson offered an amendment, to the original
amendment (in the nature of a substitute) offered by Senator
Manchin, to require an independent panel of aerospace medical
experts to set standards for the comprehensive medical
examination in subsection (a)(6) of section 2 of the bill, and
to require that the examination follows a checklist of medical
conditions that impair flight, which the pilot completes and
signs, and the physician verifies. By a rollcall vote of 11
yeas and 13 nays as follows, the amendment was defeated:
YEAS--11 NAYS--13
Mr. Nelson Mr. Wicker\1\
Ms. Cantwell Mr. Blunt\1\
Ms. McCaskill Mr. Rubio\1\
Ms. Klobuchar\1\ Ms. Ayotte
Mr. Blumenthal Mr. Cruz\1\
Mr. Schatz Ms. Fischer\1\
Mr. Markey\1\ Mr. Moran
Mr. Booker\1\ Mr. Sullivan
Mr. Udall\1\ Mr. Johnson\1\
Mr. Manchin Mr. Heller
Mr. Peters Mr. Gardner\1\
Mr. Daines
Mr. Thune
\1\By proxy
Senator Nelson offered an amendment, to the original
amendment (in the nature of a substitute) offered by Senator
Manchin, to limit Federal liability protection to Federal
employees. By a rollcall vote of 11 yeas and 13 nays as
follows, the amendment was defeated:
YEAS--11 NAYS--13
Mr. Nelson Mr. Wicker\1\
Ms. Cantwell Mr. Blunt\1\
Ms. McCaskill Mr. Rubio\1\
Ms. Klobuchar\1\ Ms. Ayotte
Mr. Blumenthal Mr. Cruz\1\
Mr. Schatz Ms. Fischer\1\
Mr. Markey\1\ Mr. Moran
Mr. Booker\1\ Mr. Sullivan
Mr. Udall\1\ Mr. Johnson\1\
Mr. Manchin Mr. Heller
Mr. Peters Mr. Gardner\1\
Mr. Daines
Mr. Thune
\1\By proxy
ADDITIONAL VIEWS OF SENATOR NELSON
I write separately to provide my views on S. 571, Pilot's
Bill of Rights 2. I appreciate the work that Senators Manchin,
Inhofe, and Thune have done to address safety concerns with the
original bill. That progress is reflected in the substitute
amendment offered by Senator Manchin and adopted at the
Committee's Executive Session on December 9, 2015.
The public, both in the air and on the ground, relies on
the safety of our aviation system. As I noted in my remarks at
the Executive Session of this Committee on November 18, 2015,
we have the safest aviation system in the world, and we must
ensure our ability to uphold that standard. That is the trust
the public has put in us.
Senator Manchin's December 9, 2015, substitute amendment
included several important improvements based on the amendments
that I filed to this bill for the Executive Session of this
Committee on November 18, 2015. Though my amendments were not
adopted at that time, the bill that was passed by this
Committee on December 9, 2015, as amended by Senator Manchin's
substitute, reflects their intent, to preserve safety in the
context of this bill wherever possible.
One area of improvement in the December 9, 2015, substitute
amendment is the removal of a provision that would have
insulated roughly 7,000 individuals operating in the aviation
safety area from liability if they failed to carry out their
duties responsibly. This liability exemption would have
included Aviation Medical Examiners, Pilot Examiners, and
Designated Airworthiness Representatives who conduct the
testing and inspections for aviation manufacturing and
maintenance. Designing and maintaining passenger aircraft, and
certifying the commercial pilots who fly those aircraft, are
safety critical responsibilities, and should not be shielded
from accountability. That section of the bill has been removed.
Several other sections have been modified, including
provisions addressing the Federal Aviation Administration (FAA)
reexamination of pilots, Notices to Airmen (NOTAM), and the
process for appeals from FAA certificate actions. We have
endeavored to strike the appropriate balance with procedural
rights for airmen that facilitate transparency and allow access
to U.S. District Court, while not limiting the FAA's ability to
take action when there is evidence that a pilot is not safe or
competent to fly.
Perhaps the most important safety measure that has been
adopted in the revised bill is the inclusion of a comprehensive
checklist for medical examinations. If we are going to move
from a system that involves Aviation Medical Examiners to a
system that allows pilots to self-certify and see their own
personal physicians, we must set standards for pilots and
doctors to follow. The legislation now requires the FAA to
develop a checklist for pilots to complete and for physicians
to follow during the comprehensive medical examination that a
pilot must certify to every four years. Pilots must also
confirm that they do not know of any medical condition that
would render them unsafe to fly. That requires ongoing
monitoring on their part. Taken together, these provisions will
help to ensure that pilots are medically fit to fly when they
enter the national airspace and that the safety of our system
is preserved.
While I believe the bill has been improved, I continue to
have reservations about the legislation. The two dozen
amendments that I filed for the Executive Session on November
18, 2015, contain many additional improvements to the bill that
I hope my colleagues will consider adopting as this bill moves
forward.
On the operational side, this includes reducing the maximum
altitude of the medical exemption in this bill to 10,000 feet,
where pressurized cabins are not required and well below the
cruising altitude of commercial aircraft, and limiting the
number of passengers to one instead of five. I also filed an
amendment to ensure an FAA-certified Aviation Medical Examiner
has cleared pilots who wish to fly under this medical exemption
within the past five years, not within the last decade.
Furthermore, while I appreciate the inclusion of a
checklist for pilots' medical exams and the additional
attestation required for pilots with serious mental or
neurological conditions, additional amendments I proposed to
strengthen the medical standards were not adopted. These
include amendments to require physicians to certify that they
had treated medical conditions that might impact a pilot's
ability to fly, to expand the list of medical conditions that
would require additional review beyond those listed in this
bill to include any condition that could interfere with the
ability to operate an aircraft, to allow physicians to alert
the FAA if a pilot has a mental or neurological condition that
may render them unable to safely fly, and to permit FAA
physicians to review a pilot's cardiovascular condition and
treatment before allowing them to get back in the cockpit.
Furthermore, I proposed that this exemption sunset in five
years, just after the release of a National Transportation
Safety Board (NTSB) study of the safety effects of this medical
exemption required under this bill, so that Congress can
evaluate any adverse impacts and determine whether to extend
the exemption. It is our responsibility to understand the
safety implications of decisions regarding the national
airspace system and the airmen and aircraft operating in that
system.
I appreciate the willingness of Chairman Thune and the
bill's lead sponsors, Senators Inhofe and Manchin, to engage in
an ongoing dialogue and meaningful negotiations that led to
these improvements. I look forward to continue working with
them to perfect the legislation, which should be included in
and considered as part of a comprehensive FAA Reauthorization
bill. The FAA's current authorization expires on March 31,
2016, and we must continue working together in a bipartisan
fashion to ensure that all issues related to aviation safety
are addressed in a comprehensive, long-term authorization bill.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
TITLE 49. TRANSPORTATION
SUBTITLE VII. AVIATION PROGRAMS
PART A. AIR COMMERCE AND SAFETY
SUBPART III. SAFETY
CHAPTER 447. SAFETY REGULATION
Sec. 44709. Amendments, modifications, suspensions, and revocations of
certificates
(a) Reinspection and Reexamination.--[The Administrator]
(1) In general.--The Administrator of the Federal
Aviation Administration may reinspect at any time a
civil aircraft, aircraft engine, propeller, appliance,
design organization, production certificate holder, air
navigation facility, or air agency, or [reexamine],
except as provided in paragraph (2), reexamine an
airman holding a certificate issued under section 44703
of this title.
(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) Actions of the Administrator.--[The Administrator]
(1) In general.--Except as provided in paragraph (2),
the Administrator may issue an order amending,
modifying, suspending, or revoking--
[(1)](A) any part of a certificate issued under this
chapter if--
[(A)](i) the Administrator decides after
conducting a reinspection, reexamination, or
other investigation that safety in air commerce
or air transportation and the public interest
require that action; or
[(B)](ii) the holder of the certificate has
violated an aircraft noise or sonic boom
standard or regulation prescribed under section
44715(a) of this title; and
[(2)](B) an airman certificate when the holder of the
certificate is convicted of violating section 13(a) of
the Fish and Wildlife Act of 1956 (16 U.S.C. 742j-
1(a)).
(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) Advice to Certificate Holders and Opportunity to
Answer.--Before acting under subsection (b) of this section,
the Administrator shall advise the holder of the certificate of
the charges or other reasons on which the Administrator relies
for the proposed action. Except in an emergency, the
Administrator shall provide the holder an opportunity to answer
the charges and be heard why the certificate should not be
amended, modified, suspended, or revoked.
(d) Appeals.--
(1) A person adversely affected by an order of the
Administrator under this section may appeal the order
to the National Transportation Safety Board. After
notice and an opportunity for a hearing, the Board may
amend, modify, or reverse the order when the Board
finds--
(A) if the order was issued under [subsection
(b)(1)(A)] subsection (b)(1)(A)(i) of this
section, that safety in air commerce or air
transportation and the public interest do not
require affirmation of the order; or
(B) if the order was issued under [subsection
(b)(1)(B)] subsection (b)(1)(A)(ii) of this
section--
(i) that control or abatement of
aircraft noise or sonic boom and the
public health and welfare do not
require affirmation of the order; or
(ii) the order, as it is related to a
violation of aircraft noise or sonic
boom standards and regulations, is not
consistent with safety in air commerce
or air transportation.
(2) The Board may modify a suspension or revocation
of a certificate to imposition of a civil penalty.
(3) When conducting a hearing under this subsection,
the Board is not bound by findings of fact of the
Administrator.
(e) Effectiveness of Orders Pending Appeal.--
(1) In general.--When a person files an appeal with
the Board under subsection (d), the order of the
Administrator is stayed.
(2) Exception.--Notwithstanding paragraph (1), the
order of the Administrator is effective immediately if
the Administrator advises the Board that an emergency
exists and safety in air commerce or air transportation
requires the order to be effective immediately.
(3) Review of emergency order.--A person affected by
the immediate effectiveness of the Administrator's
order under paragraph (2) may petition for a review by
the Board, under procedures promulgated by the Board,
of the Administrator's determination that an emergency
exists. Any such review shall be requested not later
than 48 hours after the order is received by the
person. If the Board finds that an emergency does not
exist that requires the immediate application of the
order in the interest of safety in air commerce or air
transportation, the order shall be stayed,
notwithstanding paragraph (2). The Board shall dispose
of a review request under this paragraph not later than
5 days after the date on which the request is filed.
(4) Final disposition.--The Board shall make a final
disposition of an appeal under subsection (d) not later
than 60 days after the date on which the appeal is
filed.
(f) Judicial Review.--A person substantially affected by an
order of the Board under this section, or the Administrator
when the Administrator decides that an order of the Board under
this section will have a significant adverse impact on carrying
out this part, may obtain judicial review of the order under
section 46110 of this title. The Administrator shall be made a
party to the judicial review proceedings. Findings of fact of
the Board are conclusive if supported by substantial evidence.
PART B. AIRPORT DEVELOPMENT AND NOISE
CHAPTER 471. AIRPORT DEVELOPMENT
SUBCHAPTER I. AIRPORT IMPROVEMENT
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.
PILOT'S BILL OF RIGHTS
[Public Law 112-153; 126 Stat. 1159]
SEC. 2. FEDERAL AVIATION ADMINISTRATION ENFORCEMENT PROCEEDINGS AND
ELIMINATION OF DEFERENCE.
[49 U.S.C. 44703 note]
(a) In General.--Any proceeding conducted under subpart C, D,
or F of part 821 of title 49, Code of Federal Regulations,
relating to denial, amendment, modification, suspension, or
revocation of an airman certificate, shall be conducted, to the
extent practicable, in accordance with the Federal Rules of
Civil Procedure and the Federal Rules of Evidence.
(b) Access to Information.--
(1) In general.--Except as provided under paragraph
(3), the Administrator of the Federal Aviation
Administration (referred to in this section as the
``Administrator'') shall provide timely, written
notification to an individual who is the subject of an
investigation relating to the approval, denial,
suspension, modification, or revocation of an airman
certificate under chapter 447 of title 49, United
States Code.
(2) Information required.--The notification required
under paragraph (1) shall inform the individual--
(A) of the nature of the investigation and
the specific activity on which the
investigation is based;
(B) that an oral or written response to a
Letter of Investigation from the Administrator
is not required;
(C) that no action or adverse inference can
be taken against the individual for declining
to respond to a Letter of Investigation from
the Administrator;
(D) that any response to a Letter of
Investigation from the Administrator or to an
inquiry made by a representative of the
Administrator by the individual may be used as
evidence against the individual;
(E) that the releasable portions of the
Administrator's investigative report will be
available to the individual; and
(F) that the individual is entitled to access
or otherwise obtain air traffic data described
in paragraph (4).
(3) Exception.--The Administrator may delay [timely]
notification under paragraph (1) if the Administrator
determines that such notification may threaten the
integrity of the investigation.
(4) Access to air traffic data.--
(A) FAA air traffic data.--The Administrator
shall provide an individual described in
paragraph (1) with timely access to any air
traffic data in the possession of the Federal
Aviation Administration that would facilitate
the individual's ability to productively
participate in a proceeding relating to an
investigation described in such paragraph.
(B) Air traffic data defined.--As used in
subparagraph (A), the term ``air traffic data''
includes--
(i) relevant air traffic
communication tapes;
(ii) radar information;
(iii) air traffic controller
statements;
(iv) flight data;
(v) investigative reports; and
(vi) any other air traffic or flight
data in the Federal Aviation
Administration's possession that would
facilitate the individual's ability to
productively participate in the
proceeding.
(C) Government contractor air traffic data.--
(i) In general.--Any individual
described in paragraph (1) is entitled
to obtain any air traffic data that
would facilitate the individual's
ability to productively participate in
a proceeding relating to an
investigation described in such
paragraph from a government contractor
that provides operational services to
the Federal Aviation Administration,
including control towers and flight
service stations.
(ii) Required information from
individual.--The individual may obtain
the information described in clause (i)
by submitting a request to the
Administrator that--
(I) describes the facility at
which such information is
located; and
(II) identifies the date on
which such information was
generated.
(iii) Provision of information to
individual.--If the Administrator
receives a request under this
subparagraph, the Administrator shall--
(I) request the contractor to
provide the requested
information; and
(II) upon receiving such
information, transmitting the
information to the requesting
individual in a timely manner.
(5) Timing.--Except when the Administrator determines
that an emergency exists under section [44709(c)(2)]
section 44709(e)(2) or 46105(c), the Administrator may
not proceed against an individual that is the subject
of an investigation described in paragraph (1) during
the 30-day period beginning on the date on which the
air traffic data required under paragraph (4) is made
available to the individual.
(c) [Omitted]
(d) Appeal From Certificate Actions.--
(1) In general.--Upon a decision by the National
Transportation Safety Board upholding an order or a
final decision by the Administrator denying an airman
certificate under section 44703(d) of title 49, United
States Code, [or imposing a punitive civil action or an
emergency order of revocation under subsections (d) and
(e) of section 44709 of such title] 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, an individual substantially
affected by an order of the Board may, at the
individual's election, file an appeal in the United
States district court in which the individual resides
or in which the action in question occurred, or in the
United States District Court for the District of
Columbia. If the individual substantially affected by
an order of the Board elects not to file an appeal in a
United States district court, the individual may file
an appeal in an appropriate United States court of
appeals.
(2) Emergency order pending judicial review.--
Subsequent to a decision by the Board to uphold an
Administrator's emergency order under section
44709(e)(2) of title 49, United States Code, and absent
a stay of the enforcement of that order by the Board,
the emergency order of amendment, modification,
suspension, or revocation of a certificate shall remain
in effect, pending the exhaustion of an appeal to a
Federal district court as provided in this Act.
(e) Standard of Review.--
[(1) In general.--In an appeal filed under subsection
(d) in a United States district court, the district
court shall give full independent review of a denial,
suspension, or revocation ordered by the Administrator,
including substantive independent and expedited review
of any decision by the Administrator to make such order
effective immediately.]
(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) 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.
[(2)](3) Evidence.--A United States district court's
review under paragraph (1) shall include in evidence
any record of the proceeding before the Administrator
and any record of the proceeding before the National
Transportation Safety Board, including hearing
testimony, transcripts, exhibits, decisions, and briefs
submitted by the parties.
(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.
(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. 3. NOTICES TO AIRMEN.
[49 U.S.C. 44701 note]
(a) In General.--
(1) Definition.--In this section, the term ``NOTAM''
means Notices to Airmen.
(2) Improvements.--Not later than 180 days after the
date of the enactment of [this Act] the Pilot's Bill of
Rights 2, the Administrator of the Federal Aviation
Administration shall [begin] complete the
implementation of a Notice to Airmen Improvement
Program (in this section referred to as the ``NOTAM
Improvement Program'')--
(A) to improve the system of providing airmen
with pertinent and timely information regarding
the national airspace system;
[(B) to archive, in a public central
location, all NOTAMs, including the original
content and form of the notices, the original
date of publication, and any amendments to such
notices with the date of each amendment; and]
(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) to apply filters so that pilots can
prioritize critical flight safety information
from other airspace system information[.];
(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.
(b) Goals of Program.--The goals of the NOTAM Improvement
Program are--
(1) to decrease the overwhelming volume of NOTAMs an
airman receives when retrieving airman information
prior to a flight in the national airspace system;
(2) make the NOTAMs more specific and relevant to the
airman's route and in a format that is more useable to
the airman;
(3) to provide a full set of NOTAM results in
addition to specific information requested by airmen;
(4) to provide a document that is easily searchable;
and
(5) to provide a filtering mechanism similar to that
provided by the Department of Defense Notices to
Airmen.
(c) Advice From Private Sector Groups.--The Administrator
shall establish a NOTAM Improvement Panel, which shall be
comprised of representatives of relevant nonprofit and not-for-
profit general aviation pilot groups, to advise the
Administrator in carrying out the goals of the NOTAM
Improvement Program under this section.
[(d) Phase-in and Completion.--The improvements required by
this section shall be phased in as quickly as practicable and
shall be completed not later than the date that is 1 year after
the date of the enactment of this Act.]
(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.
[all]